Rodney D. Covey vs. Port of Seattle

Case Background

On December 15, 2022, Plaintiff Rodney D. Covey filed a Wrongful Termination lawsuit in the Washington Superior Court, Kings County (Case number 22-20666-7). Judge Maureen McKee presided over the case.

Cause

Rodney Covey served as the Chief of Police for the Port of Seattle Police Department for nearly five years until his termination in September 2021. With a 44-year career in law enforcement, Covey had an impeccable record until 2019. The issues began when he issued a Letter of Reprimand to Officer M for performance shortcomings. Officer M then filed complaints against Covey, leading to three separate investigations. The Port conducted a 14-month investigation while keeping Covey on administrative leave. Despite being cleared in the third investigation, the Port still issued him a Written Warning. Covey’s termination occurred during a period of heightened focus on police reform and diversity initiatives, suggesting that his dismissal was motivated by his status as an older white male rather than any legitimate performance issues.

Injuries

The Port’s actions severely damaged Covey’s professional reputation and ended his 45-year law enforcement career. The Port’s public statements about his termination, combined with their refusal to correct misconceptions about alleged race discrimination, effectively blacklisted him from future law enforcement employment. The Port denied him due process during the investigations, issued unwarranted disciplinary actions, and subjected him to discriminatory treatment based on his age, race, and gender.

Damages

Covey suffered significant economic losses, including:

  • Lost wages and benefits
  • Future earning capacity
  • Retirement benefits
  • Career advancement opportunities

Non-economic damages included:

  • Emotional distress
  • Damage to professional reputation
  • Humiliation
  • Pain and suffering
  • Loss of career fulfillment

Key Arguments and Proceedings

Legal representation

  • Plaintiff(s): Rodney D. Covey
    • Counsel for Plaintiff: Joseph Patrick Corr| Christa E. Cushon | Jacob Michael Downs
  • Defendant(s):Port of Seattle
    • Counsel for Defendants: Sean Douglas Leake | Sarah Stewart Washburn | Jeffery Mark Wells | Sheryl D. J. Willert

 Claims

Race Discrimination:

The Port violated Washington’s Law Against Discrimination (RCW 49.60) by terminating Covey because he was white and did not fit their desired diversity profile.

Age Discrimination:

The Port violated RCW 49.60 by terminating Covey due to his age (over 65), discriminating against him for not fitting their desired public image.

Gender Discrimination:

The Port violated RCW 49.60 by terminating Covey based on his gender as part of their effort to diversify leadership positions.

Wrongful Termination:

The Port terminated Covey in retaliation for reporting their failure to provide due process during investigations, violating public policy protections for whistleblowers.

Breach of Contract:

The Port violated their verbal agreement, which stipulated that Covey could only be terminated for cause, by manufacturing complaints and conducting sham investigations to justify his termination.

Blacklisting:

The Port violated RCW 49.44.010 by making public statements about Covey’s termination while refusing to correct misconceptions about racial discrimination, effectively preventing him from obtaining future law enforcement employment.

Defense

The Port of Seattle responded to Rodney D. Covey’s Wrongful Termination lawsuit lawsuit with several key defenses. The Port admitted basic facts about Covey’s employment, including that he joined as Deputy Chief of Police in 2009 and became Chief of Police in 2017. However, they denied most of Covey’s substantive allegations.

The Port acknowledged that Officer M reported their supervising sergeant’s conduct to the Workplace Responsibility unit, which led to an external investigation by Beresford Booth PLLC. They confirmed that Covey received a Letter of Reprimand in November 2019 and was placed on administrative leave in June 2020 while MFR Law Group investigated multiple allegations. They later retained Ogletree, Deakins, Nash, Smoak & Stewart, P.C. for another investigation. The Port issued Covey a Written Warning in March 2021 and terminated his employment in September 2021.

The Port presented fourteen affirmative defenses, including that Covey’s claims failed to state a claim for relief, were barred by the statute of limitations, and that he failed to mitigate damages. They maintained that their actions were based on legitimate business reasons and not discriminatory or retaliatory motives. The Port argued that any damages Covey suffered may have resulted from pre-existing conditions or intervening causes beyond their control. They requested the court dismiss Covey’s complaint with prejudice and award them reasonable attorney’s fees and costs.

Jury Verdict

On July 22, 2024, the jury found in favor of Rodney Covey on his claim for wrongful termination in violation of public policy against the Port of Seattle. The jury awarded Covey economic damages of $1,700,893 and non-economic damages of $22,500,000, for a total award of $24,200,893 in a Wrongful Termination lawsuit .

Court Documents:

Available Upon Request