Judge deals blow to ex-West Valley detective's lawsuit

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SALT LAKE CITY — Ex-West Valley police detective Shaun Cowley's federal civil rights lawsuit against his former employer, Salt Lake County and Salt Lake County District Attorney Sim Gill, was dealt a major blow Monday.

U.S. District Judge Bruce Jenkins dismissed three of Cowley's causes of action in which he claimed his due process rights were violated.

"We're very pleased. This is a very important step for the city to make, to knock these claims out in the beginning," said attorney Stanley Preston, who is representing West Valley City and its police department.

In 2012, Cowley shot and killed Danielle Willard, 21, during an undercover drug operation. The district attorney's office determined the shooting was not legally justified and Cowley was charged with criminal manslaughter. A judge later dismissed the case.

Cowley was fired from the department in September of 2013. West Valley City officials said his termination was not due solely to the Willard shooting. Cowley appealed his termination, claiming he was only performing his duties in the now-dismantled Neighborhood Narcotics Unit as his police superiors had taught him.

He was reinstated as an officer after West Valley City opted not to continue the drawn out fight in 2015, thus making Cowley eligible to receive back wages and benefits he said he was due. After an agreement on back pay was reached, Cowley resigned from the department three days later without ever working a shift since his reinstatement.

Cowley believes West Valley City made him a scapegoat to cover up larger problems within the former drug unit. He also believes both West Valley City and Gill damaged his reputation by being denied due process.

In February, Cowley filed a civil rights lawsuit.

But during a hearing in federal court on Monday to consider motions filed by West Valley City and Salt Lake County to have parts of Cowley's lawsuit dismissed, Jenkins kept Cowley's attorney, Daniel Baczynski, on his heels for most of the hearing as he struggled to come up with answers to the judge's questions.

Jenkins continued to point out that Cowley eventually got his job back and received back pay and benefits.

"If you're reinstated, you're put back where you started, aren't you?" Jenkins asked.

Baczynski responded that the damage done to Cowley's reputation had not been remedied, in part because the city dropped its fight against his termination before Cowley had a chance to present his side during an appeals hearing.

"So what? He won. The appeal process vindicated him," Jenkins said.

Baczynski also claimed that Cowley had no choice but to resign after being reinstated because of a "hostile" work environment.

But when the judge asked for specific examples, Baczynski could only name an email that West Valley police administrators allegedly sent to other members of the department claiming they would continue to "pursue" Cowley. When Jenkins asked for a copy of the email, Baczynski admitted he hadn't actually seen it.

"Do you have a copy? Have you ever had a copy?" Jenkins asked.

"My client says it's true but I have not seen the email," the attorney replied.

Preston agreed that Cowley's argument that his due process was violated because of an email did not rise to the level of a constitutional violation.

"I'm not sure what they really want here. … He was already reinstated," he told the judge. "No court has found what he is asking this court to find."

When Baczynski argued that Cowley's civil rights were also violated by Gill because of statements Gill made at press conferences, Jenkins again grilled him about who actually makes decisions about employment in West Valley City and whether Gill had anything to do with it.

"He's not Mr. Cowley's employer," argued deputy district attorney Darcy Goddard, who is representing the claims against Gill and the county in the lawsuit.

In addition, Goddard said that it had already established in other hearings that Gill was immune from someone making malicious prosecution claims.

"Not liking that result does not justify coming in and repackaging that claim," she said.

After hearing oral arguments, Jenkins granted both Salt Lake County and West Valley City's motions for dismissal. The judge noted that the claims against Gill, in particular, lacked any substance.

There are three causes of action remaining in Cowley's lawsuit. All of them involve West Valley City. Salt Lake County and Gill are no longer part of the lawsuit.

Preston said he will file motions soon to have the remaining three parts dismissed as well.

"The case will only go forward on those three claims and we're confident we'll prevail on those," he said.