The San Francisco Police Department failed to file disciplinary charges against a police officer within the statute of limitations for allegedly sending racist texts, yet is pushing head with the charges, according to a lawsuit filed Monday against The City by Officer Rain Daugherty.
Daugherty was one of a handful of SFPD officers caught allegedly sending racist and homophobic text messages from 2011 to 2012.
Chief Greg Suhr sent the case of Daugherty, along with other officers, to the police commission and recommended seven should be fired. The commission has final say on serious discipline such as firing.
The scandal emerged in a March filing in federal court in the case of former Sgt. Ian Furminger. Furminger, along with former Officer Edmond Robles, were convicted earlier this year in a federal corruption trial.
The suit, in which Daugherty admits to sending the texts, notes that a search warrant was issued for his phone on Dec. 17, 2011 and then for Furminger in Dec. 2012. It adds the San Francisco Police Department had in its possession the text messages in question, but did not file disciplinary charges.
Daugherty’s suit claims his rights as a police officer have been trampled on and requests all charges be dropped, that he be placed back on paid duty and be compensated for his travails.
The department’s argued that knowledge of the texts was limited since a federal investigation into the Furminger case was on-going, so the text messages went only to the Internal Affairs unit criminal division. The on-going investigation, the department argues, put a hold on the statute of limitations.