Officer Drops Suit Against Long Beach

A Long Beach police officer who alleged that he and his co-workers were barred from writing traffic tickets to municipal employees and law enforcement personnel has dropped his lawsuit against the city in exchange for $65,000 in workers’ compensation and a disability retirement.

Brian E. Potter, a veteran motorcycle officer, had charged in a federal lawsuit filed two years ago that he was threatened and harassed and that his career was ruined by his commanders because he disobeyed what he considered an illegal traffic unit policy.

The city originally contested Potter’s federal lawsuit and his applications for workers’ compensation and a disability retirement. It has steadfastly denied the existence of any police policy granting certain groups immunity from traffic tickets.

But sworn statements by five Long Beach officers indicated that at least half the city’s motorcycle officers were ordered not to issue tickets to municipal employees, law enforcement personnel from any jurisdiction, or family members of either group.

Potter’s attorney, Douglas L. Applegate of Irvine, said his client withdrew his federal case in a “global settlement” that covers claims for workers’ compensation and a disability retirement. The lawsuit originally sought $10 million in damages.

City officials said Wednesday that Potter, 55, is in the process of getting his retirement benefits. Tuesday night, the Long Beach City Council approved the last piece of the settlement--a $65,000 workers’ compensation award.

Potter said the threats and harassment he received from supervisors resulted in high blood pressure that left him unable to work as a patrol officer. The 25-year veteran said he had to take a desk job to relieve the stress.

Deputy City Atty. Daniel S. Murphy contends that Potter’s workers’ compensation award and disability retirement are for health problems unrelated to those cited in the U.S. District Court case.

“His medical condition was not seriously aggravated by the alleged wrongdoing,” Murphy said. “Even with modified duty, his blood pressure has not stabilized. By Potter’s own assertion, his medical problems have been ongoing since 1981.”

Applegate contended, however, that his client’s hypertension is directly linked to threats and harassment Potter received after continuing to write tickets to law enforcement officers.

Murphy “must be confused with another officer,” Applegate said. “There was no preexisting hypertension. There was never any concession by Potter that he had high blood pressure prior to receiving the illegal order.”

Applegate said the department wanted to force the officer into taking a standard retirement, which is taxed and pays about $10,000 a year less than a disability retirement.

The controversy began in 1998 when Potter and a co-worker, Officer Gary P. Runyan, sued the city and the Police Department. Named as defendants were retired Police Chief Robert M. Luman; his successor, Jerome E. Lance; Deputy Chief Dale L. Brown; Cmdr. Ted Hulsey; and Lt. Jack Starbird, the traffic division commander.

In sworn depositions, Runyan, Potter and three co-workers stated that in July 1997, Starbird instructed roughly half the motorcycle officers not to cite police officers from any jurisdiction or municipal employees, particularly those from City Hall.

The lawsuit alleges that when Potter complained to the department’s highest-ranking officers, nothing was done to correct the situation. Instead, they said, Starbird threatened to punish them for writing tickets in violation of the alleged policy.

The lawsuit detailed, among other things, the dismissals of tickets against state parole agents who were stopped for speeding, and the refusal to cite city officials, including Mayor Beverly O’Neill’s former chief of staff, Randal Hernandez.

City attorneys contend that no one tried to destroy the careers of either Runyan or Potter. Both men, they said, continued to earn high marks in their performance evaluations and were never disciplined for any ticket-related problem. Murphy said a federal judge eventually dismissed Runyan’s case on the grounds that there was no evidence he was ever deterred from pursuing traffic matters in the field or in court. The city is seeking to have Runyan pay $5,000 in legal costs. Applegate said Wednesday that he will appeal the dismissal.