Ann Arbor police officer files whistleblower lawsuit against city
Updated: This story was updated July 22 with a written statement from Dawn King.
Ann Arbor Police Officer Dawn King is suing the city, alleging she was retaliated against for reporting elevated levels of carbon monoxide in the city hall building to the Michigan Occupational Safety and Health Administration.
The suit claims the city refused to reopen King's “accident fund compensation case” because of the phone call she made to MIOSHA in April.
The city hall building is undergoing a renovation, and King had repeatedly requested to work elsewhere but wasn't permitted to do so, according to the lawsuit filed last week in Washtenaw County Circuit Court.
The suit alleges a violation of the state's Whistleblower Protection Act and seeks an unspecified amount of money.
King’s attorney, Richard Meier, declined to comment Tuesday afternoon.
King issued a statement Thursday that says she was acting on behalf of the police union members and general public by reporting the safety concerns to the state.
"This suit is not a matter of personal gain - but one to continue to safeguard the public, employees and to afford proper medical treatment for Officer King's injury that occurred on an arrest and in a training accident," the statement says.
City Attorney Stephen Postema could not immediately be reached for comment.
According to the suit, the city was aware King called MIOSHA, which sent officials to the building to test for carbon monoxide. On May 14, the city refused to reopen King's accident fund compensation case, the suit says.
King injured her shoulder and back while making an arrest on duty on March 12, 2009, the suit says, and she returned to limited duty a week later.
When the pain persisted, she saw a doctor at St. Joseph Mercy Hospital on March 31 of this year. According to the suit, she was diagnosed with a herniated disk, and evidence was found that several of her ribs were broken.
No court dates have yet been set in the civil case.
Lee Higgins covers crime and courts for AnnArbor.com. He can be reached by phone at (734) 623-2527 and leehiggins@annarbor.com.
Comments
retiree80
Thu, Jul 22, 2010 : 4:10 p.m.
In reading these stories about City government - it seems as though the City is imploding from within it's management ranks. Examples are abundant; a bridge that is in severe disrepair, antiquated, aged water mains, unprecedented layoffs, service cuts across the board, a Mayor who has taken to underhanded means of attacking his mayoral opponent, a City administrator who has padded his income in such a way to fool the public on his true salary, denying treatment to an injured police employee who repeatedly asked for additional medical tests and was denied- only to have broken ribs found later by a specialist, an extravagant parking structure and conference center in the congested downtown area, employees and City Hall first floor visitors -being exposed to hazards like asbestos, radon and carbon monoxide...the list could go on beyond the character limits of this post. Has the City shown good reasons that they should be trusted by employees and the taxpayers? Too many red flags for me! I'm sure that the employees are well aware of the economic situation throughout the State - but the City refuses to show their finances in a transparent and straight-forward formula. Talk about the fox watching the hen house!
Awakened
Thu, Jul 22, 2010 : 8:19 a.m.
If you drive by City Hall you will notice the trailers in the parking lot where the PD is still working since the carbon monoxide issues continue on the first floor.
bunnyabbot
Wed, Jul 21, 2010 : 4:08 p.m.
I do believe that the construction was halted and the building was evacuated at one time and here is the link to that article: http://www.annarbor.com/news/ann-arbor-city-hall-evacuated-due-to-carbon-monoxide-buildup/
TreeTownGal
Wed, Jul 21, 2010 : 2:16 p.m.
So did MIOSHA find anything? Was there CM?
AlwaysLate
Wed, Jul 21, 2010 : 11:20 a.m.
Waiting 384 days to get a second opinion for any kind of painful injury seems, um, wellfishy. And calling MIOSHA only after her accident case would not be reopened seems, um, wellvindictive. If there really is an excessive amount of carbon monoxide in City Hall, Officer King would have been wise to enlist her fellow officers in the MIOSHA call.
Brian Kuehn
Wed, Jul 21, 2010 : 10:31 a.m.
bunnyabbott: as I said, I am not a physician. I made no judgments as to whether the current problem was or was not connected to the original injury. Several commenters seem to think this is a case of an employer improperly denying an injured employee proper medical care. That may be the case but the few facts available do not support jumping to that conclusion.
bunnyabbot
Wed, Jul 21, 2010 : 10:03 a.m.
@Brian, you are correct, the story says the injury was to her shoulder and back. However there are ribs in your back as well. It is possible to not break your ribs, but fracture them and not know it right away but have discomfort and persistant pain and then find out later why, as both I and another family member have done. After the intial injury she probably just thought she was sore but then it continued. We don't know all the details, but I totally see it as possible.
xmo
Wed, Jul 21, 2010 : 8:32 a.m.
I am surprise that any worker for the Wonderful city of Ann Arbor would file suit against it. "City officials acknowledge... that Ann Arbor city employees enjoy more lucrative benefit packages than their peers in the public and private sectors, including top-dollar health insurance packages at little or no cost to themselves"
Brian Kuehn
Wed, Jul 21, 2010 : 7:28 a.m.
speerhawk: The officer, by right, may go to a physician of her choice 7 days after the injury. She did not see a second physician until a year later. The original injury was to her shoulder. A year later the diagnosed injury is located in her neck and ribs. I am not a physician and there may be a link between the original shoulder injury and the present problems. However, the conclusion that this was all a conspiracy to deny the officer proper medical care and compensation is not supported by the limited facts in the article.
Awakened
Wed, Jul 21, 2010 : 7 a.m.
The City does not have the money for cops and firefighters. They had to give it to charity. See above article.
speerhawk
Wed, Jul 21, 2010 : 6:36 a.m.
A police officer was injured on the job sent to a workmans comp doctor and they basically said heres some pain pills your fine. Later she goes to a real doctor (sorry) and they do xrays the full work up and find broken ribs and a herniated disc. And now they (the city) does not want to pay the comp claim.