Former police officer files suit against city of Lubbock - KCBD NewsChannel 11 Lubbock

4/8/09

Former police officer files suit against city of Lubbock

Posted:
Source: Lubbock Co. Sheriff Source: Lubbock Co. Sheriff

LUBBOCK, TX (KCBD) - A former Lubbock police officer has filed suit against the city of Lubbock stating she was fired after reporting that her husband, a high ranking officer, stalked her during their contested divorce.

Kimberly Nacoe Diaz filed the suit on Monday, April 6th. Says the police department violated the Texas Whistle Blower Act and the Texas Family Code.

Diaz, who had been with the department since 1999, was put on indefinite suspension without pay on January 28, 2009, but according to court documents she says the retaliation started several years ago.

In the lawsuit, Diaz says she filed for divorce after her she claims husband shook their infant child and physically assaulted her daughter. Diaz claims that's when her husband began to stalk her. She says he repeatedly followed, called, harassed and threatened her. In the suit Diaz says she complained to her superiors about her husband, but the department failed to take disciplinary action against him. Instead, the suit alleges the department retaliated against her.

Diaz says that in 2007 the department pursued unfounded criminal charges against her, which resulted in an automatic suspension. That May, Diaz was arrested and indicted on three counts of injury to a child and one count of tampering with a witness. More than a year and a half later, in December 2008, the charges against her were dismissed.

According to the lawsuit, Diaz was reinstated with the department in January 2009 and awarded back-pay, but less than two weeks after her reinstatement the department issued a second order of indefinite suspension, terminating her employment. According to court documents it is because she reported her husband's alleged stalking.

Diaz is seeking actual damages, attorney's fees and court costs. She is also asking for an injunction to reinstate her to the department while her lawsuit is pending. A police department spokesman said he could not comment on pending litigation.

NewsChannel 11 will continue following this case and bring you more details as they become available.

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