Former Bethlehem police officer Christopher Hughes was unsuccessful in his civil lawsuit filed against the police chief and town for allegations his First Amendment free speech rights were violated during his years as an officer. The case was heard in Albany federal court from Monday, Nov. 3 to Friday, Nov. 7. The jury found in favor of Hughes on one of three counts, but said the actions taken by Police Chief Louis Corsi would have taken place whether Hughes had spoken up or not. No damages were awarded to Hughes. Tom O’Connor of Napierski, Vandenburgh, Napierski and O’Connor, who is represented the town and Corsi in the case, weighed in on the verdict shortly after it was reached Friday. “We’re delighted the jury reached the same conclusion we reached in regards to the chief’s lack of responsibility in this case,” O’Connor said. Hughes first filed the lawsuit in 2010. In March 2013, Chief Judge Gary Sharp of the New York State Court of Appeals denied the town’s motion for summary judgment, and on March 24 of this year the United States Court of Appeals for the Second Circuit upheld the decision, concluding there were issues of fact to be decided by a jury. The jury was asked to rule if Corsi had retaliated against Hughes for union participation, for going to the town administration and the press with allegations Corsi had uttered a racial epithet on a taped phone conversation from his office, and speaking out about his concerns regarding the conduct of a fellow officer. Judge Sharpe called the case “extremely complicated.”
The jury ruled Hughes’ attorney did not prove Corsi retaliated for his participation with the union, and also did not prove Corsi retaliated against Hughes for disclosing the racial slur. They did rule Corsi retaliated against Hughes for his discussions with town officials and the county district attorney’s Public Integrity Unit about an officer’s alleged misconduct. However, the jury said it also felt the actions would have been taken by Corsi as disciplinary whether Hughes spoke out or not, due to the Hughes’ job conduct. This surprised the attorneys for both sides since they believed if the jury believed Corsi would have taken the disciplinary actions anyway, they first would have found in favor of Hughes on all counts. This is because the alleged retaliatory actions had not been separated based on the supposed freedom of speech violations, but were all being accounted for together as a whole. O’Connor argued all of the “so-called retaliation” was done as disciplinary measures because of Hughes’ conduct, while Michael Sussman of Sussman and Watkins, who represented Hughes, claimed the timing of the majority of the actions in the spring of 2009 proved the opposite. “The verdict was puzzling to me,” said Sussman. “The jury ruled the chief retaliated against my client for his complaints in relation to public health and safety. I don’t think the evidence supports that ruling, so I now have to speak with my client on how he wants to proceed.” Throughout the trial, various town officials were asked to testify, along with both former and current police officers. The most time was spent hearing testimony from Hughes and Corsi. The police chief was being sued personally, along with the town, but the court found the town could only be held liable if Corsi was as well. In the fall of 2007, it had been known for some time Hughes, an officer since 1991, was unhappy with the policy department’s work substitution policy. Officers were allowed to switch their shifts with another officer if a need arose, but the switch had to be approved by a supervisor, typically their sergeant. Hughes was vocal against the unwritten policy, since he felt the switches were not being approved fairly. Corsi testified he was not objectionable to a written policy, but felt it would most likely be too restrictive and the decision should remain with the administration. In that year’s union negotiations, Hughes was asked to write a work substitution policy. Corsi was involved in writing a counter policy, and the final policy was agreed upon at the negotiation table. As time went on, Hughes continued to feel the switches were not being approved fairly even with the written policy. This led to continued complaints to the administration and to then PBA President Mike Berben. Corsi said he met with staff and said he would not stand for unfair switches, but Hughes said he felt his concerns were not being taken seriously. Hughes took umbrage with several comments made to him by Berben during union meetings in front of the members, including one about “doing what he always did when denied a switch and take a sick day.” Berben confirmed during the trial he made the statement. This resulted in Hughes writing several letters to Berben with additional copies passed out among union members. In one letter, Hughes said he would “wink, wink” take his advice on using sick leave. Hughes claimed this was sarcasm. Hughes continued to push the issue and clash with Berben, which almost led to a fight in the parking lot of the station as the two men were changing shifts. Both men claimed the other instigated the fight. Berben and his vice president resigned from their union positions a few days later. “I told the chief I didn’t want to engage with Chris anymore,” said Berben. “I didn’t want to mediate his problems between the union and the department.” Corsi said he had a good working relationship with Berben and wanted him to stay on as BPA president, but he refused. Hughes, who had previously withdrawn his name for a potential promotion to detective, said his brother, Brian Hughes, came to him a short time later about a conversation he had with Corsi. According to testimony, Brian Hughes said he was called over by the chief one day as he was leaving work to talk about his brother’s actions. He claimed the chief said Chris was “making waves” and because of this, he could not bring his name before the town board for promotion to a K-9 handler. Corsi said he did have a conversation with Brian Hughes asking him to talk to his brother and possibly schedule a meeting because the chief was concerned. But he denied saying Chris was making waves, and he wouldn’t bring his name forward for promotion. Also at the time, the town did not have a K-9 unit and no positions were available. The department was attempting to get outside funding to possibly resurrect the program, but it never happened and there was never an available position. For some time, Hughes said he had concerns about a detective in the department. Hughes claimed the detective had shown up to several scenes intoxicated when he was on call. At one incident, Brian Hughes was asked to write a report where he said he could smell alcohol on the officer’s breath, but did not seem like it affected his job performance or he was so intoxicated he couldn’t drive. At one point, Chris Hughes said he and the detective both responded to the hospital to interview the victim of a sexual assault. Hughes claimed the victim remarked she thought she smelled alcohol on the detective’s breath. The victim later filed a complaint in May of 2009 against the detective, but only mentioned he seemed “cold and uncaring.” Much of the report focused on the actions of Hughes. The victim said Hughes gave her his card and said if she wanted to meet “over a beer,” he could tell her a few things about the detective and goings-on at the department. The report also claimed Hughes spent two hours on the phone with the victim’s sister talking about his union issues and his fight with the department. The report said Hughes told the sister the detective was a “raging alcoholic,” that the detective took free hockey tickets from the accused rapist, and he had given special treatment to a suspect in a drug arrest. Lt. Robert Berben, Mike Berben’s cousin, took the complaint. He said he found Hughes’ actions in the report to be inappropriate. “I thought it was disgusting,” said Berben. “This was a date rape victim who was under treatment and was in the middle of having a rape kit performed.” Berben said he met with the detective and his lawyer, and the allegations were unfounded. The detective, who did not testify, said he accepted the offer of tickets in hopes of gaining the suspect’s trust and getting a DNA sample from him. The detective also allegedly used his friendship with a female drug suspect to the advantage of the department in the case. She was later charged with felony drug possession, along with others. Berben said because of the allegations in the complaint, he went to the district attorney’s public integrity unit to attempt to bring charges against Hughes. He wrote a report accusing Hughes of immoral conduct, unbecoming conduct, violation of rules, making public statements about police business and dissemination of information, among other charges. He said he was told the case was good, but the D.A. was focusing on getting a conviction in the rape case first because if the report was released, it could adversely affect the case. O’Conner asked Hughes if he ever thought about how his actions could impact the outcomes in the sexual assault and drug cases. Hughes said no. “Do you think that is the activity of a model police officer?” asked O’Conner.
“I guess not,” said Hughes.
Berben said the D.A. never followed up with his report against Hughes. Sullivan asked if he ever interviewed Hughes before filing the charges, like he did the detective. Berben said no. Also in May, Hughes asked to meet with then Supervisor John “Jack” Cunningham about complaints and concerns he had about the department. It was at this meeting he told Cunningham of the existence of a recording where Corsi said a racial slur while on the phone with an Albany County undersheriff. Cunningham testified Hughes told him he was in possession of the tape and would be giving it to a local civil rights advocate in the African-American community. Hughes testified he had known of the tape’s existence for some time, but had just learned Corsi had asked if the tape could be erased and felt that act was criminal. Corsi said he was ashamed of what he said, although at that time he thought the slur might have been said by the undersheriff. He claimed he simply asked a telecommunications officer if it was possible for the recording to be erased, and he was told no, not that he ordered anyone to do it. Hughes claimed he never said he had the tape, but that Cunningham told him, “Be careful what you do with this information. These things have a way of coming back to haunt you.” Hughes said he took this as a threat. A letter was eventually submitted by an attorney of Hughes saying he was not in possession of the tape, after the town said he could be charged for being in possession of town property. This led the town to ask Deputy Chief Tim Beebe to begin looking for the tape. In April the month prior, Hughes had been brought up on charges of sick leave abuse. This stemmed from an incident where he asked the county assistant district attorney to change a meeting he was scheduled to attend so he could go on a fishing trip with his brother. When his superiors learned of the switch, he was informed by Nextel radio and e-mail the meeting was put back on for the day it was scheduled because he had not asked them for the day off and the switch would mean he received overtime. Hughes claimed he never got those messages and showed up for the meeting the next day. When no one showed up, he entered his overtime sheet for coming in on a day off, and a paper to request Friday off. Hughes said by this time the fishing trip was off, but he needed to go to a doctor’s appointment with his wife. His request was denied because he still needed to attend the scheduled meeting with the ADA, but they would call him if the situation changed. Several officers, including Lt. Tom Heffernan, testified Hughes said, “Don’t bother. I have no intention of coming in.” Hughes turned in a note from a physician’s assistant that said he had strep throat and it was recommended he stay out of work for a few days, but Hughes returned to work on Monday. O’Connor alleged this is because he knew he wasn’t really sick and he was lying, since lab results eventually came back negative. Hughes said this wasn’t true. Corsi later said the first note was not sufficient. He asked for a second, more detailed note, which Hughes turned in from a doctor. Corsi said he went ahead with disciplinary charges because Hughes had a pattern of prior sick leave abuse that he had been warned about by letter. Corsi said he still didn’t feel the second note was sufficient, and Hughes didn’t show up exactly like he told Heffernan would happen. A second set of charges were levied against Hughes in May for an incident on Mother’s Day.
Hughes had signed-up to work the Mother’s Day race on May 10, 2009. When he arrived, he asked Sgt. Robert Markel what time he believed the race would be over since he had a brunch to attend with his mother. When Markel said he could not guarantee the race would be over in time, Hughes said he could not stay. Markel said that was fine and he would find someone else. However, Hughes sought overtime for the shift, which was denied. Markel testified Hughes did not even change into his uniform before he left and he did not work the shift. Hughes claimed he worked for 45 minutes, so under the contract he was entitled to four hours overtime pay. Markel and several officers testified that provision is only if an officer is called back into work. Hughes was working voluntarily, and he was not entitled to the overtime. Then PBA President Scott Anson said Hughes intended to submit the overtime, and the union was behind him. The second set of charges was made known the same day Hughes met with Cunningham about the tape. As Beebe searched through hours worth of audio for the chief’s racial slur, the chief kept quiet at the advice of labor consul. Since Beebe first had to get the equipment from Albany County to hear the recordings, learn to work it, and then go through about 50 discs with hours of audio, he advised Cunningham it would be some time before the recording is found, if it existed. During the summer of 2009, Hughes and his father drove around town with billboards of Beebe depicted as a Teletubbie and Corsi in front of a Confederate Flag. Beebe testifies he was offended* by the incident, meanwhile the police department received multiple calls from residents about the billboards. Police didn’t respond until CVS called about the billboards being parked in their parking lot without permission. From this incident, a police report was generated that included Hughes’ name and address. In September, Hughes confronted Markel in T.G.I. Fridays in front of his wife about his address being placed on the report. He said usually as a courtesy, that is left off of reports concerning officers. “I didn’t feel it was appropriate to be confronted that way,” said Markel. “I told the chief if it happens again, I couldn’t guarantee what would happen.” Hughes’ two sets of disciplinary charges eventually went to arbitration where they are dismissed. The tape containing the racial slur was later found, and Corsi was issued a 10-day suspension without pay through arbitration. Hughes never returned to work after May 19, and he began submitting doctors’ notes on a weekly basis. “I felt I couldn’t go back to that work environment,” said Hughes.
In September, Hughes’ badge, guns and police identification were taken at the request of Cunningham. The former supervisor said he was worried about Hughes being in possession of the weapons because he was afraid he may hurt himself, his family, or public officials and their families. When Sullivan asked why he felt that way, Cunningham said Hughes would “come to Town Hall and make long speeches, gave inaccurate statements to the press and accuse (him) of being a liar.” Cunningham and Corsi both testified the chief did not agree with this decision and felt Hughes should be able to keep his things, as he was still a police officer. Hughes felt the same way as others had been out on leave, but were now asked to turn in their weapons and identification. Hughes was also restricted from the department unless on official business. Corsi said Hughes had been coming to the station even while on sick leave and accessing records. He said other officers were not comfortable with his presence. Because of statements made to the press about being stressed out and information from his doctors, Hughes was asked to take a mental health evaluation in October. The chief has the right to do so according to the union contract. The appointed doctor confirmed Hughes’ complaints about stress and he was given 207-C status, or disability. O’Connor asked if this was done maliciously or in an attempt to get Hughes off the force. Corsi said no and he didn’t challenge the results because he was entitled to them. “Catastrophic sick leave is only good for one year,” Corsi said to Sullivan. “He eventually would have run out of a paycheck.” Corsi said he wanted Hughes to receive 207-C status so he could continue to be paid.
Hughes lost his 207-C status in June of 2012 when he was found guilty of criminal possession of a forged instrument for possessing a fake identification card in order to purchase a retired police officer badge. The town was able to terminate Hughes as an employee under Section 141 of the town code as a result of the ruling. He was sentenced to five years probation. Hughes’ criminal case is a separate incident and was barely mentioned during the trial. Hughes can now file a post trial motion, which would see the case continued in federal court, or file an appeal. *An earlier version of the article stated Beebe testified he was embarrassed by the depiction of himself as a Teletubbie by Hughes. We regret the error. Background
The verdict
Union activity
Public health and safety
The tale of the tape
Sick leave