Covey v. Port of Seattle

Case Background

On December 15, 2022, Police Chief Rodney Covey filed a wrongful termination action against the Port of Seattle before the Washington Superior Court, King County.

During his law enforcement career, which began in 1976, Plaintiff Rodney Covey had no substantiated complaints against him until 2019. That year, Officer M filed a baseless complaint, which eventually led to Covey’s wrongful termination.

He alleged that there had been discrimination against him on the grounds of race, age, and gender. Judge Sandra Widlan presided over this case. [Case number: 22-2-20666-7]

Cause

On July 1, 2018, Officer M complained about his supervising sergeant, claiming inappropriate reprimand and retaliation for using sick leave. This followed Officer M’s poor performance review and unresolved performance issues. The complaint was found to be unsubstantiated.

On August 7, 2018, Covey issued a Letter of Reprimand to Officer M for multiple performance failures, including not completing case reports and delays in reporting a stolen firearm. The department policy supported this reprimand and the Police Department Command Team endorsed it. Officer M’s performance did not improve, which led to further inappropriate behavior and a new complaint directed by Officer M directed at Covey, alleging retaliation.

The investigation into Officer M’s new complaint frustrated Covey. The process restricted him from taking action against Officer M while the investigation continued. Covey complained about the lack of transparency in the process but remained unaware that investigators were probing him for retaliation.

In June 2019, Covey learned he was a target of the first investigation. Despite his cooperation, he was not informed of specific allegations or provided the investigative findings. The investigation concluded that Covey’s Letter of Reprimand was appropriate but raised concerns about its potential impact on Officer M’s willingness to report issues.

A second investigation began in June 2020, focusing on new allegations against Covey related to retaliation. This investigation, which lasted fourteen months, was criticized for its lack of thoroughness and selective questioning. Despite evidence to the contrary, the investigation found that Covey delayed Officer M’s return to the Defensive Tactics Cadre (DTC).

Covey faced a third investigation for alleged retaliation and racial discrimination by Port employees. This investigation, conducted by an outside investigator, cleared Covey of wrongdoing. However, despite this, the Port issued Covey a Written Warning and later terminated his employment, citing the reprimands and investigations as justification.

The Port’s decision came amid broader efforts to address diversity within the department. Political pressures, arising from the  Black Lives Matter movement, to diversify overshadowed the consultant report that praised the department’s performance, leading to Covey’s termination.

Damages

As a direct and foreseeable outcome of the Port’s wrongful termination and blacklisting based on race, age, and gender discrimination, Covey experienced and continues to endure both economic and non-economic damages. This includes lost wages and ongoing emotional distress, affecting him both in the past and moving forward.

Key Arguments and Proceedings

Legal Representation

  • Plaintiff(s): Rodney Covey
    • Counsel for Plaintiff(s): Jacob M. Downs | Joseph P. Corr
  • Defendant(s): Port of Seattle
    • Counsel for Defendant(s): Sheryl J. Willert | Jeffery M. Wells | Sean D. Leak

Claims

This case involves claims for breach of contract, and discrimination based on race, age, and gender, as well as retaliation under Washington’s Law Against Discrimination (RCW 49.60 et seq.). It also addresses wrongful discharge in violation of public policy and breaches of Washington’s Blacklisting Statute.

The Plaintiff claimed that the Port’s action to terminate Covey resulted from a deliberate campaign to remove him. As an older white man, Covey did not align with the Port’s desired public image. Amid the Black Lives Matter movement and following the George Floyd protests, the Port’s leadership, pressured by an election year, made reckless decisions. This political maneuver sabotaged Covey’s 45-year law enforcement career, tarnished his impeccable reputation, and jeopardized his livelihood.

Defense

The defense denied the allegations against it. It asserted affirmative defenses and claimed Port’s actions were driven by business needs and were free from any discriminatory or retaliatory intent. It was stated that the Plaintiff’s claims were invalid because all actions related to Plaintiff’s employment were justified by lawful, non-discriminatory, and legitimate business reasons. They claimed that Covey failed to mitigate his damages.

Jury Verdict

On July 22, 2024, after a six-week trial, the Washington jury found that the Port of Seattle was liable for the wrongful termination of Rodney Covey. The jury awarded the following damages:

  • Economic damages: $1,706,893
  • Non-economic damages: $22,500,000

The total award was $24,206,893.

Further, the jury determined that the Port of Seattle had failed to prove their affirmative defense that Rodney Covey had failed to mitigate his damages.

Court Documents:

Available upon request