Captain Claims LAPD Retaliated Against Him For Protest Whistleblowing

LOS ANGELES (CNS) - A Los Angeles police captain has filed a second lawsuit against the city, repeating many of the same allegations that he experienced retaliation after complaining about various issues, including that beanbag shotguns were wrongfully being used against non-violent demonstrators and media members in 2020 during protests after the George Floyd murder.

Capt. Johnny Smith's Los Angeles Superior Court new whistleblower suit was filed Monday and states that LAPD Chief Michel Moore called him such names as "Litigious Johnny, "Lawsuit Johnny" and "Johnny Troublemaker" because of his activism.

Smith seeks unspecified damages in his new suit and a representative for the City Attorney's Office declined to comment on it. Smith's first case, filed in December 2021, also alleges whistleblower retaliation and is still pending trial.

Smith is the commanding officer of the Los Angeles Police Department's 77th Street patrol division. During the unrest and demonstrations after the May 2020 death of George Floyd, Smith told his commanding officers and Moore that officers were using beanbag shotguns against peaceful demonstrators and members of the media who were not threatening any individuals or property, according to the new suit.

A beanbag round is not to be used for crowd control unless an officer reasonably believes someone in the gathering poses an immediate and/or imminent threat of violence or physical harm to another person, the new suit states.

Verbal threats of violence and non-compliance by demonstrators do not justify the use of beanbag ammunition against a person because the rounds can cause serious injuries, according to the new suit.

Smith disclosed that demonstrators and a reporter were shot at a close range and he wanted the LAPD's Force Investigation Division to look into the lawfulness of the shootings, but his supervisors told him to "let it be" and so no appropriate investigation was conducted, the new suit states.

Smith also told his bosses and Moore that some LAPD officers regularly failed to properly activate their body cameras during daily operations, meaning the devices were not operating during many "categorical uses of force," the new suit states.

The LAPD initiated a policy that intentionally provided an excuse for officers if they reported in their logs that exigent circumstances prohibited them from turning on their cameras, the new suit states. However, the ambiguity of the term "exigent circumstances" arguably meant every call could be so classified, the new suit states.

Smith also wanted to report his concerns about the body camera issues to the Los Angeles Police Commission, but because of his disclosures, he was downgraded in December 2020 from a captain 3 to a captain 1 and his ability to promote or advance in rank has been impaired, although he was eventually reinstated as a captain 3, the new suit alleges.

In alleged retaliation for Smith's disclosures about the body cameras and because he was outspoken on other issues, Smith received a low score on the oral portion of the exam for promotion to commander, the new suit states.

In October 2021, Moore referred to Smith as "Litigious Johnny" and "Lawsuit Johnny" in front of multiple LAPD command members because the plaintiff had filed a claim against the city four months earlier, the new suit states. A year before, Moore "openly and repeatedly" referred to Smith as "Johnny Troublemaker," according to the new suit.

Moore changed his mind about promoting Smith to deputy chief because of the plaintiff's activism, the new suit alleges.

In August 2020, Smith was at a home where a mentally ill man barricaded himself and he told the SWAT team to disengage because there was no evidence of a crime, a decision that prompted an LAPD commander to tell him, "You need to think of your career survival," the new suit states.

"Based on plaintiff's actions ... he was branded as having overstepped his bounds, a ridiculous label given that he followed department policy and prevented what would have been certain legal liability for the city," the new suit states.

Smith has suffered lost income and damage to his reputation because of the department's alleged actions, according to the new suit.

City News Service