Reinstated Seattle cop sues city over firing

A Seattle police officer whose firing over a 2007 domestic-violence incident was later overturned, has filed a federal civil-rights lawsuit alleging the department failed to give him a fair hearing and damaged his reputation.

Felton Miles, a 20-year department veteran, was fired by former Chief Gil Kerlikowske in 2007 after he was arrested and charged with felony harassment of his ex-wife and her boyfriend at her Mill Creek home.

At the time, Kerlikowske said he was following a department policy to fire officers charged with a felony.

However, a Snohomish County jury deadlocked 10-2 to acquit Miles during a 2008 trial, and he eventually pleaded guilty to a misdemeanor harassment charge to avoid retrial.

The city's Public Safety Civil Service Commission later that year disagreed with the firing, saying that merely being charged with a crime shouldn't be sufficient reason for termination. Two of the three commissioners concluded the department had evidence to suspend Miles, but not to fire him.

The lawsuit, filed in U.S. District Court, alleges Kerlikowske was prejudiced against Miles and, as a result, the officer — who had an unblemished history with the department — was denied due process.

Miles has reclaimed his job as a patrolman and is now seeking wages he lost during nearly a year of unemployment, and damages for emotional distress, anxiety and depression.

The chief's actions also "branded and tarnished his good name," the lawsuit alleges.

Kerlikowske left the department last year to be President Obama's drug policy czar. He is being represented by the Seattle City Attorney's Office, which did not return a telephone call for comment.

Miles' attorney, Cleveland Stockmeyer, said the department's policy of firing officers charged with crimes is a "predetermination of guilt" that makes it impossible for them to get a fair hearing, as required by the department's contract with the Seattle Police Officers' Guild.

Miles was arrested while off-duty when he stopped by the house of his ex-wife to pick up a portable stereo for their 6-year-old daughter. Miles and his ex-wife had recently divorced after 20 years of marriage.

He confronted his ex-wife's boyfriend in the living room, and the man said Miles threatened to kill him and placed his hand on his hip, as if reaching for a firearm.

Miles said he threatened only to "slap the [expletive] out of him," because he thought the man was making faces at him.

He was charged, placed on leave and an internal investigation was completed, recommending that Miles be disciplined.

Miles was given an opportunity to explain himself to the chief before discipline was imposed, as required by the contract, but the lawsuit alleges the chief had already decided to fire Miles.

Stockmeyer said Miles also will seek punitive damages against the department and chief.

Mike Carter: 206-464-3706 or mcarter@seattletimes.com