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Perry sues county

  • Dennis Fujimoto / The Garden Island file

    Former Kauai Police Department Chief Darryl Perry is seen at a 2009 Kauai Police Commission meeting.

LIHUE — Former Kauai Police Department Chief Darryl Perry is suing the county.

Perry retired last year after a over a decade as chief of KPD. Now, a year later, he is suing for wrongful termination, defamation and several other claims related to an investigation into his conduct that his lawsuit says was inappropriate and intentionally designed to harass.

According to the lawsuit, filed Aug. 9 in Fifth Circuit Court, Perry was hired in 2007 “as a ‘change agent,’ and faced leading a department that was ‘factionalized’ and divided.”

What eventually turned into a protracted and very public dispute between Perry and former Kauai Mayor Bernard Carvalho began during a July 2010 meeting, “during which Mayor Carvalho was hostile, angry,” and “yelled out offensive curse words” at Perry.

“Carvalho’s face was flushed red and tense; he paced back and forth and stepped toward (Perry), pointing his finger with his voice raised and yelling and used the ‘f-word’ on more than two occasions,” the lawsuit says. “Saliva was coming out of his mouth and (it) looked like he was going to explode.”

In the suit, Perry says the meeting was the beginning of “conspiratorial and continued efforts” to terminate his employment and “ruin his reputation and standing in Kauai County and among the professional law enforcement community.”

Over the course of the next 18 months, a series of increasingly complicated, interconnected disputes arose within the KPD and the offices of the mayor and county attorney. Multiple complaints of harassment were filed by a female officer against high-ranking KPD officers, including Perry.

The two assistant chiefs accused in the complaints were placed on paid leave and the Police Commission chair gave Perry permission to work from home until an investigation into the matter was completed. According to the lawsuit, Carvalho ordered Perry to come into his office the following day, where his managing director reprimanded the police chief for failing to show up to work.

After he showed up to his office the following day, Perry was again summoned by the mayor, who notified him that he was being suspended for deriliction of duty and insubordination. Carvalho ordered that Perry’s police powers be revoked and that he be placed on leave until a new investigation into his alleged insubordination could be conducted.

The Police Commission then ordered Perry to return to work, but the county attorney and managing director ordered the acting police chief not to allow Perry to get his police equipment or access his office. About a month later, Perry was reinstated, based on a decision Carvalho said was based on discussions with his administration, legal teams and the Police Commission.

Perry’s lawsuit is the most recent of multiple legal actions spawned by the series of interconnected disputes that arose during this time frame within the KPD. Assistant Chief Mark Begley was reinstated in June, after more than seven years of paid leave.

In 2012, Begley filed a stress-based workers compensation claim, accusing Perry, his successor, former acting KPD Chief Michael Contrades and other senior officers of creating a hostile work environment. His lawsuit is still pending appeal in federal court.

The female officer who filed complaints against Perry and two of his assistant chiefs settled a case in 2015, when the county paid her $100,000 to drop a sexual harassment case. She was paid nearly $1 million in 2006 by the county to settle another harassment lawsuit.

Perry is suing for six different counts. The lawsuit alleges wrongful termination because Perry was forced to resign due to “continuing harassment, abuse” and discipline “throughout the entire course of his career.” He is also suing the county for interfering with his contractual relations and prospective business advantages, defamation, and publishing information that portrayed him in a false light.

Besides Carvalho, a number of other prominent former and current county officials are also named in the lawsuit. Here are some of them: former County Attorney Alfred Castillo, former Managing Directors Gary Heu and Nadine Nakamura — now a member of the state House of Representatives — former Deputy County Attorney and current Prosecuting Attorney Justin Kollar.

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Caleb Loehrer, staff writer, can be reached at 245-0441 or cloehrer@thegardenisland.com.

11 Comments
  1. Bluedream August 16, 2019 4:58 am Reply

    Seems pretty straightforward/ Instead of actually serving the community and fighting crime, Perry and a bunch of other self absorbed lawyers and police persons (taxpayer funded no less) decided to have tons of childish drama inflicted on one another. Their solution? Sue sue sue the taxpayers for millions! Real nice there Daryl, thanks so much again!

    Perry is now writing editorials for this very paper stating that the second amendment, was all wrong and not intended for the future when it was written. My guess was that he was watching MSNBC for 5 days straight- thinking he was watching news. We all should be suing the Perry instead.


  2. Uncleaina August 16, 2019 5:59 am Reply

    Wow, who knew being a cop might be stressful? No wonder people get 7 YEARS of paid leave – poor guy. Maybe we should create more laws so that no one ever gets yelled at by their boss and that creates a peaceful calm environment for law enforcement. Maybe implement a “just respond when you’re ready” approach kinda the way you toilet-train toddlers. Actually most KPD are great people but whenever I read about the endless lawsuits it seems like the higher ups are milking the system to da max.


  3. Joe Public August 16, 2019 8:37 am Reply

    Unbelievable!! This guy is whacked. He decimated the KPD with his lack of leadership abilities , and now he wants us to pay more?


    1. Me August 17, 2019 5:40 am Reply

      When u involved in scandal and dishonesty for personal gain eventually catches up. Deal with it Mr Preey. I dont feel my tax dollars should have to pay for your entertainment…..goes same for everyone employed by county


  4. Debra Kekaualua August 16, 2019 10:11 am Reply

    Before you go to court on this sue job, You gotta go back to 1977. Perry rookie, chased me from Kipu road west of puhi all the way to spouting horn where my friend Officer Scribner just happened to be pulling out from horn parking. Perry caught up and, long story short, Scribner introduced me to an out of uniform ‘officer’ private vehicle. i was “written up” five tickets, went to court on the assigned day and Judge Trudi was astonished at this kpd character. She dropped all tickets and laughed perry outa the court, off island for decades, and entertaining the recent “stolen mailbox” hui. Let us see how far and how much $$ this COK tax payer expense, rolls out.


  5. manongindashadow0711 August 16, 2019 12:33 pm Reply

    What a bunch of corrupt leaders and police officers we have.
    I’m wondering, ” when Bernard Carvahlo will file his law suit against Kauai County?” Then every corrrupt one can jump onto the “SUE TRAIN!”


  6. ruthann jones August 16, 2019 12:47 pm Reply

    Debra…you were chased by KPD??? Lucky you weren’t shot, woman!


    1. Debra Kekaualua August 18, 2019 9:36 am Reply

      Chased by KPD off duty puke! That story continues 42-years later in the CocoPalms judicial hearing where i was kidnapped inside locked dbl doors, twice attacked, by one Bailiff Geal and a second time by four sheriff. Not arrested, but handcuffed dragged out to the courts holding cell and released out the back courthouse, “for my safety”. Kauai has really big unchallenged issues that like the Kealoha “stolen mailbox” and/or Barnyard JAnine, mEl “gasgate” will see lots of cok igarots doing hard labor rebuilding Alcatraz.


  7. CommonSenseish August 16, 2019 1:53 pm Reply

    A lawsuit against the county because you got yelled at by the old mayor? Poor baby. Sounds like somebody needs a hug. Grow Up.


  8. Dt August 16, 2019 10:03 pm Reply

    This is beyond ridiculous. The county should fight this back and counter sue for legal fees.


  9. Coolio August 17, 2019 7:17 am Reply

    Oh God, This CLOWN again?!


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