Former Iowa City police officer sues city in federal court for discrimination

IOWA CITY — A former Iowa City police officer who already sued the city and lost in April, asserting he was “coerced” into resigning or be fired over misconduct, is now suing the city and police department in federal court, claiming racial discrimination.

During the time Emilio Puente was an officer from April 2019 until February 2022, he claims experienced discrimination in several incidents based on his race, skin color and disability, according to the lawsuit filed last Friday in U.S. District Court of the Southern District of Iowa.

The lawsuit cites three examples of discrimination.

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The first happened in November 2019 when a fellow officer sent an email from Puente’s work email address to all officers, which “mocked” his Latino ethnicity. Puente showed it to his supervisor but no action or investigation followed.

When a similar incident happened involving a white officer, where an email was sent from his account by another making fun of his status on military leave, the police chief sent an email warning this type of behavior “will not be tolerated.” The suit stated an investigation was opened into the matter under the department’s discriminatory/harassment policies.

The second incident was in July 2020 when Puente and another officer were chasing a fleeing suspect through a grassy area, according to the suit. Puente got into his car and followed the other officer through the grassy area. A “third-party” complaint was filed about officers driving on the grass but only Puente was disciplined, the petition states.

His resignation

The third incident involved the arrest that led to Puente’s “resignation.

In November 2021, Puente was involved in an arrest of a suspect who was “being assaultive and resistant.” While Puente and another officer tried to restrain the man, the man continued to conceal his arm close to his body, which led Puente to believe he might have a weapon.

According to the suit, Puente, in order to gain control, struck the suspect twice, which caused the suspect to surrender and he was arrested.

Following the arrest, Puente and the other officers explained their use of force to a lieutenant and he didn’t have any concerns, the suit asserts.

Then the suspect’s mother brought in a video taken of the arrest to make the department aware that it would be posted to social media.

About nine days after the arrest, Puente was arresting another person who violently kicked him in the right knee.

Puente was treated at the hospital for a crushed saphenous nerve and “complex regional pain syndrome,” a chronic nerve damage condition, according to the suit. This condition is classified as a disability by Puente’s doctor and state law.

After this, Puente was summoned to the department and given notice of an internal affairs investigation into the arrest where he used force, the lawsuit asserts. His use of force was deemed “reasonable” by a use-of- force instructor and a de-escalation instructor.

Puente was then told to attend a meeting Feb. 2, 2022, that would conclude his internal affairs investigation, according to the suit. During this meeting, he was told the police chief would terminate his employment in less than two hours and he would never work in law enforcement again, unless he resigned.

He followed the advice of his union representatives and resigned. However, he was under the influence of pain medications for his leg, emotional distress and the uncertainty of how this decision would affect his disability pay with the city.

These factors showed his decision to resign wasn’t based on his own “free will” or full knowledge of the implications of it, the suit asserts. His disability pay was discontinued immediately, and he was left without income.

The lawsuit states Puente was “thrown into deep financial hardship” and had to quickly sell his house and car because he couldn’t make the loan payments.

After a May 2022 hearing before the Iowa City Civil Service Commission, the police department issued a statement to the media that Puente had committed misconduct in violating use of force policy that was captured on a bystander video and he faced termination.

The statement “publicly impugned Puente’s character,” the lawsuit asserts.

Puente is asking for monetary damages and demands a trial.

In Puente’s earlier lawsuit against the city, a jury on April 5, 2024, found in favor of the city of Iowa City ifollowing three days of testimony, according to court documents. The jury found Puente’s resignation was “accepted by the city of Iowa City before he attempted to withdraw it.”

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