Officer’s lawsuit dealt blow
A federal judge on Tuesday dealt a severe blow to a wrongful termination lawsuit by Hermosa Beach Police Officer Todd Lewitt, dismissing claims that city officials violated his right to due process, and striking down claims against individual police officials and the city manager.
U.S. District Court Magistrate Judge Patrick J. Walsh also dismissed some claims by Lewitt that his free speech rights had been violated, according to court documents.
But the judge refused to dismiss Lewitt’s claim that he was wrongly fired in retaliation for his criticisms of city management, and declined to dismiss a claim by Lewitt against former Police Chief Mike Lavin for his part in the firing.
The Hermosa Beach City Council got word of the Tuesday afternoon ruling within a couple of hours. At the council’s regular meeting Tuesday night, Attorney Lauren Feldman, sitting in for City Attorney Michael Jenkins, announced that the judge “dismissed most” of Lewitt’s lawsuit.
Lewitt was fired in November 2005 after he was accused of trying to sneak a loaded handgun past security at John Wayne Airport in Santa Ana. The state Civil Service Commission determined that the accusation against Lewitt was false, and ordered him reinstated to the Police Department. ER