Former DCPD officer files federal lawsuit

A David City man has alleged that his free speech and due process rights were violated when he was terminated from his job as a city police officer.

Vincent Brehm, who was not re-appointed in December to the David City Police Department, recently filed the lawsuit in U.S. District Court in Omaha.

Mayor Dana Trowbridge and City Attorney Jim Egr said they would make no comment on the case.

Brehm worked for the city more than 10 years before December.

The complaint and request for a jury trial states that Brehm's wife, Carol Brehm, was actively involved in the circulation of a recall petition against Mayor Dana Trowbridge in 2009, and that Vincent Brehm signed the recall petition.

Brehm claims that he has suffered irreparable injuries, included but not limited to loss of pay, benefits and other economic losses, emotional pain an suffering, mental anguish, humiliation, embarrassment, personal indignity and other intangible injuries for which he should be compensated.

Brehm asks for back pay, reinstatement or in the alternative front pay, attorney fees, compensatory damages for his emotion and mental distress and other "relief as the court may deem appropriate."

The document lists seven allegations as "factual background":

*During the July forum arranged by the mayor, the mayor was asked "whether he knew who the signers of the petition were."

"In response to the question, he pointed at Mr. Bream (sic) and said to him, 'Make no mistake, your name will be known.'"

*In a public meeting, Brehm had expressed an opinion at the meeting, and Trowbridge told then Police Chief Steve Sunday that Brehm should be "put under control."

*In September, Brehm was on patrol and drove past Trowbridge's house, where the mayor was fertilizing his yard. Brehm said he jokingly asked, "Are you sterilizing or fertilizing?" and Trowbridge "threateningly responded" "There are some things I would like to sterilize, and I just might."

*In December during the City Council meeting, a memo was circulated with a list of names of the city's employees, and Brehm's name was not on the list. At this time, Brehm was the only officer on the police force.

*Subsequently, Brehm asked interim chief Jim Sylvester about the status of his job, and Sylvester told him he no longer was an employee of the city.

*Brehm later asked for a hearing from the city council regarding his termination, and the city has failed or refused to give him a hearing, "stating that he was not terminated but not re-appointed."

He alleges that he was terminated "under color of authority in retaliation of his family and his personal participation in the recall drive to recall Mayor Trowbridge."

The acts of the city and Trowbridge, the lawsuit states, are in violation of Mr. Brehm's free speech right due process rights under the United States Constitution.