One of the San Francisco police officers facing dismissal in connection with a racist and homophobic texting scandal has filed a claim, contending the statute of limitations for disciplinary action has expired.
In his Superior Court claim, first reported by the San Francisco Chronicle, Officer Rain O. Daugherty seeks a reversal of disciplinary action for at least nine officers involved, a purge of all records related to the scandal and civil penalty awards of $25,000 per officer.
The claim turns on the state's Public Safety Officers Procedural Bill of Rights, which was crafted to protect the rights of those undergoing disciplinary proceedings and contains a one-year statute of limitations after administrators learn of purported wrongdoing.
The "unexcused delay" in pursuing the case, the claim states, requires that the city, police department and police commission "forfeit their right to pursue or impose any punitive action against any of the involved officers, including Daugherty."
The texting scandal has spurred a mass review of cases that ultimately could be dismissed or reversed due to bias or the appearance of bias. A task force formed by Dist. Atty. George Gascon has identified at least 3,000 such cases, and Gascon recently expanded his probe to more broadly investigate potential cultural bias in the department.
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