OPD officer’s retaliation claim survives dismissal

The Nebraska Supreme Court recently concluded an Omaha Police Department (OPD) officer had produced enough evidence on each element of his retaliation claim to survive his former employer’s request for summary judgment (dismissal in its favor without a trial).

Long career ends with internal investigations, alleged retaliation

During George Merithew’s more than 25-year career with the OPD, he served in a variety of roles, including police officer, sergeant, and lieutenant. He also served on the safety review board, taught courses at the training academy, participated in the legislative liaison committee, and helped draft the OPD’s policies and procedures manual.

In March 2020, however, his long-standing tenure was suddenly in jeopardy when he became the subject of two internal investigations based on inappropriate remarks he allegedly made. Just three months later, his employment was ended.

While internal investigations followed by termination aren’t inherently unusual, Merithew filed a retaliation suit against the city of Omaha, alleging that both internal investigations, along with multiple incident reports and his eventual termination, were part of a broader effort to retaliate against him for engaging in protected conduct that began over two years before his termination.