Le Lézard
Classified in: Business
Subject: LAW

Nichols Kaster, PLLP Attorneys Win $150,000 Whistleblower Verdict for Police Officer


MINNEAPOLIS, March 3, 2020 /PRNewswire/ -- On Friday, February 28, a Hennepin County jury returned a $150,000 verdict for our client, Officer Bradley Wingate, in a whistleblower case. Officer Wingate is a police officer employed by the Metropolitan Airport Commission ("MAC"), where he has been working at the MSP Airport since 2005. Officer Wingate was represented at trial by Nichols Kaster, PLLP attorneys David Schlesinger and Lucas Kaster.

From 2010-2013, Officer Wingate reported that another police officer was engaged in a pattern of inappropriate and illegal misconduct, which included taking photographs of officers with little or no clothing on in locker rooms (and posting some such photographs to a private You Tube channel), photo-shopping other photos to look like officers were engaged in homosexual sex acts. The MAC chose not to terminate the officer and while it imposed a week-long suspension, the MAC kept the officer as a supervisor. Even after the discipline, the officer continued to engage in explicit misconduct. Officer Wingate made several additional reports to supervisory police officers within the MAC over the next few years.

It was undisputed during the trial that Officer Wingate was an exceptionally skilled police officer, but following his reports, the MAC repeatedly refused to promote him. In 2012, the MAC promoted the officer that Officer Wingate had reported for misconduct rather than Officer Wingate. In 2013, the MAC started a new promotion process rather than promote Officer Wingate when he was the top remaining candidate on the 2012 promotion list. The MAC again refused to promote Officer Wingate in a 2014 promotion process. In 2017, as the result of yet another promotion process, Officer Wingate was first on the promotion list, but was again rejected for the position. Throughout these processes, the MAC's managing police officers made several statements to the effect that Officer Wingate needed to let this issue with the other officer go and that there was "no way" Officer Wingate should be promoted.

Officer Wingate brought suit in late-2017, alleging that MAC's repeated failure to promote him was due to his protected complaints of the other officer's misconduct. Following discovery, the district court dismissed the case on summary judgment, but the Minnesota Court of Appeals reversed. Last week, a Hennepin County jury agreed that the MAC had retaliated against Officer Wingate in violation of the Minnesota Whistleblower Act, and awarded him $75,000 in compensatory damages for emotional distress, and $75,000 in lost wages. A motion for attorney's fees and costs will be forthcoming.

Contact: Attorney Lucas Kaster

(w) 612-256-3231, (c) 612-256-3231

SOURCE Nichols Kaster


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