Jury Rules in Favor of MSP Police Officer in Whistleblower Case
A Hennepin County jury has found that a police officer at the Minneapolis-St. Paul International Airport was thwarted from several promotions because he reported the inappropriate behavior of another officer to his supervisors.
Officer Bradley Wingate sued the Metropolitan Airports Commission (MAC) in 2018, citing a Minnesota law that protects whistleblowers. The MAC, which owns and operates the airport, maintains its own police force of more than 100 officers.
A jury of four men and two women in Hennepin County District Court deliberated for more than four hours Friday before returning the verdict, which calls for the MAC to pay $150,000 in damages for emotional distress and lost wages, as well as an estimated $300,000 in attorneys fees.
Wingate’s attorney, Lucas Kaster of Minneapolis, said his client was “elated” with the verdict. “He is a long-term employee who performed admirably and stood up for what is right. Unfortunately, he suffered from retaliation.”
Wingate, of Woodbury, was hired by the airport police department in 2005.
The case explored several incidents beginning in 2010 involving another officer, Roby Desubijana, who allegedly photographed Wingate and others on at least two occasions while undressing in the police department locker room, according to court documents.
One photo taken by Desubijana of another officer leaving the shower at work was allegedly posted on a private YouTube channel, before supervisors told him to remove it. On other occasions, Desubijana distributed in the workplace “photo-shopped pornographic photographs” of fellow officers, records state. Wingate testified that he complained to his supervisors about Desubijana several times, but the behavior continued.
In 2013, Wingate also contacted the MAC’s Human Resources department, which suspended Desubijana an additional two days without pay, according to court documents.
Throughout this period, Wingate applied for several promotions to sergeant, a process that involves interviews and reviews of written work. Although he received positive performance reviews, he was never promoted, including one occasion in 2017, when he received the top ranking in the department, according to court testimony.
The MAC’s attorneys maintained at the trial that Wingate lacked sufficient skills to be a supervisor.
“There was nothing unusual about any of these processes. Just because you’re a good cop, doesn’t mean you’ll be a good manager,” MAC attorney Kerry Middleton said in closing arguments.
Desubijana was promoted to sergeant in 2012, and he continues to work for the department. He was not immediately available for comment Monday.
MAC spokesman Patrick Hogan said in a statement Friday: “We thank the jury for their work. We are disappointed with the verdict and will consider our options.”
Janet Moore • 612-673-7752 @ByJanetMoore
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