02-05-2012, 07:14 PM
LEE EX-DEPUTY'S SUIT VS. PETA IN WHISTLE-BLOWER CASE HEADS TO TRIAL
By AISLING SWIFT
Published Saturday, January 7, 2012
FORT MYERS — A Lee County sheriff's deputy heads to trial this month in a civil case that alleges PETA outed him as a whistle-blower after he told the organization that another officer was abusing a K-9 dog.
Jason Yerk, 35, a five-year veteran, sued Virginia-based People for the Ethical Treatment of Animals (PETA) in August 2009, alleging he agreed — only after PETA promised confidentiality — to corroborate a tip that a K-9 officer had repeatedly kicked and punched his dog.
Although he warned the animal rights group the "culture" of the office was to eliminate employees who spoke out against deputies, a PETA investigator disclosed his name without alerting him and he was forced to resign after he initially denied to internal affairs investigators that he'd spoken to PETA.
PETA has denied liability, arguing Yerk perjured himself and resigned voluntarily so he cannot profit from his lies.
"PETA adhered to its policy in this case," PETA spokeswoman Nicole Dao said. "The plaintiff gave false testimony under oath to Lee County Sheriff's Office Internal Affairs and then chose to resign."
U.S. District Judge John Steele has ruled that it's up to a jury to decide whether Yerk's resignation was "reasonably foreseeable" to PETA and if it was the cause of the damages he alleges occurred.
"PETA promised Yerk anonymity and was on notice that he feared reprisal," Steele wrote in a 31-page ruling Nov. 4. " At the time of the disclosure in this case, PETA was not legally required to answer questions from the LCSO."
Yerk's attorney, José Font of Hollywood, agreed to drop portions of the suit after the judge ruled, but other parts of the case will go forward.
The judge has set the case for trial in January.
Yerk is seeking damages for lost wages and benefits, future earning capacity, inability to find a law enforcement job and mental pain and anguish.
Prior to the Lee County Sheriff's Office, he'd worked four years as a Florida Gulf Coast University police officer. Court records show he's applied for law enforcement and security jobs while working on his landscape business and for his wife's jewelry business, among other jobs.
Font declined to comment while the case is pending.
Yerk's deposition states that after Lee Sheriff Mike Scott was alerted by PETA, Yerk was threatened by then-second in command, Chief Deputy Charles Ferranté, who warned: "The squeaky wheel does not get oiled. It gets removed and smashed and discarded, thrown to the curb."
The judge ruled jurors can hear claims about corruption and the "climate of fear" in the Lee Sheriff's Office, but limited it to what PETA was told. Ferranté resigned four months after Yerk did.
Yerk resigned in November 2008, then filed for bankruptcy two months later. In May 2009, Font's law firm sent PETA a letter demanding $1.2 million and agreeing to settle for $585,000.
Yerk's involvement began after another deputy asked him if he'd speak to PETA. The group wanted a current deputy to confirm allegations against the K-9 officer.
Yerk was fearful, saying he'd be terminated immediately, but a PETA investigator assured him his name as a source would be confidential, although he knew he was listed as one of the witnesses.
On Nov. 4, 2008, PETA emailed and sent the sheriff a letter detailing abuse by the K-9 officer on "multiple occasions."
Kristin DeJournett, a PETA cruelty caseworker, said PETA was told deputies reported the abuse, but the K-9 officer wasn't disciplined — the K-9 officer accused in the allegations wasn't fired or charged.
DeJournett said PETA's callers asked to remain anonymous "for fear of reprisal," but she listed Yerk and several others as witnesses who could be questioned. She asked Scott to investigate and to consider criminal and departmental charges.
Until last year, PETA's website said it "completely guarantees anonymity."
But it changed the site last year and PETA didn't want jurors to hear about the change. Judge Steele agreed that could prejudice PETA, ruling other evidence shows the guarantee was known throughout PETA.
Yerk initially denied to Lee sheriff's officials that he had spoken to PETA, but in a second interview, he admitted PETA called him and he "briefly" answered questions.
Sheriff's internal affairs investigators charged him with "improper conduct, untruthfulness" and depositions show he was threatened and forced to resign.
http://m.naplesnews.com/news/2012/jan/0 ... le-blower/ (http://m.naplesnews.com/news/2012/jan/07/k9-officer-peta-lee-sheriff-lawsuit-whistle-blower/)
By AISLING SWIFT
Published Saturday, January 7, 2012
FORT MYERS — A Lee County sheriff's deputy heads to trial this month in a civil case that alleges PETA outed him as a whistle-blower after he told the organization that another officer was abusing a K-9 dog.
Jason Yerk, 35, a five-year veteran, sued Virginia-based People for the Ethical Treatment of Animals (PETA) in August 2009, alleging he agreed — only after PETA promised confidentiality — to corroborate a tip that a K-9 officer had repeatedly kicked and punched his dog.
Although he warned the animal rights group the "culture" of the office was to eliminate employees who spoke out against deputies, a PETA investigator disclosed his name without alerting him and he was forced to resign after he initially denied to internal affairs investigators that he'd spoken to PETA.
PETA has denied liability, arguing Yerk perjured himself and resigned voluntarily so he cannot profit from his lies.
"PETA adhered to its policy in this case," PETA spokeswoman Nicole Dao said. "The plaintiff gave false testimony under oath to Lee County Sheriff's Office Internal Affairs and then chose to resign."
U.S. District Judge John Steele has ruled that it's up to a jury to decide whether Yerk's resignation was "reasonably foreseeable" to PETA and if it was the cause of the damages he alleges occurred.
"PETA promised Yerk anonymity and was on notice that he feared reprisal," Steele wrote in a 31-page ruling Nov. 4. " At the time of the disclosure in this case, PETA was not legally required to answer questions from the LCSO."
Yerk's attorney, José Font of Hollywood, agreed to drop portions of the suit after the judge ruled, but other parts of the case will go forward.
The judge has set the case for trial in January.
Yerk is seeking damages for lost wages and benefits, future earning capacity, inability to find a law enforcement job and mental pain and anguish.
Prior to the Lee County Sheriff's Office, he'd worked four years as a Florida Gulf Coast University police officer. Court records show he's applied for law enforcement and security jobs while working on his landscape business and for his wife's jewelry business, among other jobs.
Font declined to comment while the case is pending.
Yerk's deposition states that after Lee Sheriff Mike Scott was alerted by PETA, Yerk was threatened by then-second in command, Chief Deputy Charles Ferranté, who warned: "The squeaky wheel does not get oiled. It gets removed and smashed and discarded, thrown to the curb."
The judge ruled jurors can hear claims about corruption and the "climate of fear" in the Lee Sheriff's Office, but limited it to what PETA was told. Ferranté resigned four months after Yerk did.
Yerk resigned in November 2008, then filed for bankruptcy two months later. In May 2009, Font's law firm sent PETA a letter demanding $1.2 million and agreeing to settle for $585,000.
Yerk's involvement began after another deputy asked him if he'd speak to PETA. The group wanted a current deputy to confirm allegations against the K-9 officer.
Yerk was fearful, saying he'd be terminated immediately, but a PETA investigator assured him his name as a source would be confidential, although he knew he was listed as one of the witnesses.
On Nov. 4, 2008, PETA emailed and sent the sheriff a letter detailing abuse by the K-9 officer on "multiple occasions."
Kristin DeJournett, a PETA cruelty caseworker, said PETA was told deputies reported the abuse, but the K-9 officer wasn't disciplined — the K-9 officer accused in the allegations wasn't fired or charged.
DeJournett said PETA's callers asked to remain anonymous "for fear of reprisal," but she listed Yerk and several others as witnesses who could be questioned. She asked Scott to investigate and to consider criminal and departmental charges.
Until last year, PETA's website said it "completely guarantees anonymity."
But it changed the site last year and PETA didn't want jurors to hear about the change. Judge Steele agreed that could prejudice PETA, ruling other evidence shows the guarantee was known throughout PETA.
Yerk initially denied to Lee sheriff's officials that he had spoken to PETA, but in a second interview, he admitted PETA called him and he "briefly" answered questions.
Sheriff's internal affairs investigators charged him with "improper conduct, untruthfulness" and depositions show he was threatened and forced to resign.
http://m.naplesnews.com/news/2012/jan/0 ... le-blower/ (http://m.naplesnews.com/news/2012/jan/07/k9-officer-peta-lee-sheriff-lawsuit-whistle-blower/)