County, sheriff face federal lawsuit

SANDPOINT — A former Bonner County sheriff’s deputy who alleges he was wrongfully demoted and then fired is suing the county and Sheriff Daryl Wheeler.

William McAuliffe filed suit in U.S. District Court on July 1. It seeks unspecified damages for civil rights violations and several state law claims.

McAuliffe was a 12-year employee of the department who earned promotions and favorable performance reviews en route to attaining the rank of lieutenant in charge of professional standards and internal affairs by 2011.

The lawsuit said that the supervisory position is widely regarded in law enforcement as very stressful and prone to inducing burnout, prompting agencies to rotate new officers into the position every two years.

McAuliffe alleges he was in the position for three years and that Wheeler repeatedly made false promises to rotate him into another supervisor position.

McAuliffe further alleged that Wheeler also made repeated false promises to allow him to attend the FBI’s National Academy, which is commonly offered to lieutenants to equip them with executive training so they can advance their careers.

He accused Wheeler of falsely telling an FBI official that McAuliffe was unable to attend the academy due to personal reasons.

“This was a complete and outright lie by defendant Wheeler, and it served to prevent plaintiff from furthering his command level law enforcement training and readiness,” McAuliffe’s attorney, Larry Beck, said in the 32-page civil complaint.

McAuliffe maintains he was promised the position of operations lieutenant, but was instead made jail lieutenant in 2012 with Wheeler promising to make him operations lieutenant and allowing him to attend the FBI academy if he stayed in the jail position for two years. The following day, a jail official said Wheeler encouraged her to file a false insubordination complaint against McAuliffe, the suit said.

McAuliffe said he was later called into a meeting with Wheeler, who upbraided him for having a poor attitude and for being condescending to colleagues and hot-headed. Wheeler, the suit said, was also upset about letters and emails supporting the department’s use of an airplane that Wheeler wanted to get rid of and accused McAuliffe of orchestrating letter-writing campaign against Wheeler.

McAuliffe alleges Wheeler’s confrontational and unprofessional interactions continued. He continued receiving pay raises, but Wheeler began withhold performance reviews as required by policy.

McAuliffe further alleges that the situation grew worse when Wheeler brought in David Hale as the undersheriff in 2014. McAuliffe approached Hale about attending an FBI conference in Coeur d’Alene on his own dime, but Hale refused the request. McAuliffe said he was then frozen out of jail budgeting and subjected to a pattern of humiliation that was meant to persuade McAuliffe to leave the department.

That pattern included making McAuliffe a lieutenant in charge of supplies and was effectively stripping him of his management and supervisory authorities, the suit said.

McAuliffe said the stress of the situation prompted him to take a medical leave of absence. While on leave in 2014, McAuliffe said Hale and Capt. Ror Lakewold conducted an unlawful traffic stop of McAuliffe’s personal vehicle while he was driving his daughter home from school.

McAuliffe alleges the intimidating encounter left his daughter in tears and said he was notified that he was being placed on administrative leave. McAuliffe said he was also given a written offer of three month’s severance pay if he resigned his post and agreed to release the county and sheriff of any and all legal claims, the suit said.

McAuliffe requested due process hearings for constructive termination and said in the suit that he was fired about a month after the traffic stop for failing to provide a fitness for duty certification.

McAuliffe argues his constitutional due process rights were violated when he was denied a hearing on constructive discharge and his right against unlawful seizures was abridged during the traffic stop. The suit also seeks damages for state law claims alleging breach of contract, negligent supervision, breach of good-faith dealing and negligent infliction of emotional distress.

Wheeler said on Friday he was not at liberty to discuss the case.