Deputy was fired for complaining about internal investigation, lawsuit alleges

The suit, filed Thursday, alleges a violation of the Michigan Whistleblower Protection Act and racial discrimination.

Curtis Hedger, the county’s corporation counsel, declined to comment Friday, saying he hasn’t seen the suit. Kuhn’s attorney, Richard Convertino, couldn't be reached for comment.

According to the suit, Anuszkiewicz, who is white, persisted with an investigation into Kuhn for “unprofessional conduct” in “whole or in part” because Kuhn is black.

The internal probe stemmed from an Oct. 20, 2008, traffic stop when Kuhn arrested a woman after she attempted to flee from deputies, the suit says.

As she sat in the back of Kuhn’s patrol vehicle, she told him if he didn’t loosen the handcuffs, she “would claim that he raped her,” the suit says. She said something to the effect of, “You are black and I am white; who do you think they will believe?” the suit says.

Kuhn says in the lawsuit that he told her anything said was being recorded and turned the in-car video camera toward her. When Kuhn arrived at the Washtenaw County Jail with her, she claimed she was sexually assaulted.

A rape kit was sent for DNA analysis, and Kuhn was cleared, the lawsuit says.

The woman, 50-year-old Marianne Joseph of Ypsilanti, pleaded guilty on April 15, 2009, to filing a false police report and admitted she “fabricated the story,” according to the lawsuit.

Court records show Joseph was sentenced on June 17, 2009, to two years of probation by Washtenaw County Circuit Judge Archie Brown.

According to the suit, Kuhn was told a formal internal investigation wouldn't be conducted because Sgt. Marlene Radzik had already reviewed in-car videos and other evidence and “deemed the complaint to be false."

The suit alleges Anuszkiewicz persisted with an internal investigation and disregarded an order by former Commander Marilyn Hall Beard, a higher-ranking black employee.

On Nov. 13, 2009, Kuhn learned from the sheriff’s department a formal complaint he filed was “substantiated” and misconduct was committed during the internal investigation, the suit says.

In addition to filing a formal complaint, Kuhn says in the lawsuit that he complained to Sheriff Jerry Clayton and the county Board of Commissioners.

Kuhn took medical leave in May 2009 due to “severe emotional stress” brought on as a result of the internal investigation, the suit says. He alleges he suffered problems including headaches, insomnia and post-traumatic stress disorder.

When his formal complaint was resolved, he was granted an extension of his “unpaid leave of absence,” until Jan. 3, and was told it wouldn't likely be extended further, the suit says.

Upon requesting another three months of leave, he was informed by e-mail on Dec. 30 that his employment would end Jan. 4.

By being fired, Kuhn was treated differently than other deputies because he was a whistleblower, the suit alleges.

Lee Higgins covers crime and courts for AnnArbor.com. He can be reached at (734) 623-2527 and leehiggins@annarbor.com.