KINGWOOD — Kingwood and the mayor are asking the court to dismiss a lawsuit filed by two former police officers.
In a “motion to dismiss in lieu of an answer” filed Thursday in Preston Circuit Court, the city and Mayor Jean Guillot also give details on why officers Todd Nestor and Felix Thorn left the city.
The lawsuit alleged that they were forced to resign or be fired because they were investigating some “high profile” people in Kingwood for drug-related incidents. It also says Guillot tried to get Nestor to talk about his “investigative method,” in the investigation.
That method was, “a fake Facebook alias created by Nestor to allegedly communicate incognito,” according to the motion filed by attorney Keith Gamble of Pullin, Fowler, Flanagan, Brown & Poe, PLLC in the motion.
The lawsuit failed to mention, the motion says, that, “Nestor was questioned about this ‘investigative method,’ not due to a drug investigation, but rather due to an internal complaint from an 18-year-old city employee who was being messaged from the ‘investigative tool’ by Nestor as an alleged ‘joke’ that caused her to fear for her safety.”
The suit doesn’t claim that the mayor or any city officials were being investigated, the motion says. And it, “fails to allege the [town and mayor] ‘knew’ of the alleged investigation, only that they inquired of a method for performing an investigation and failing to disclose this method of investigation was the basis for the termination.”
The motion also notes that the officers, “never reported the alleged ‘drug investigation’ to any law enforcement agency for further action before or after their resignations.”
There also is no evidence of actions by them that meet the legal definition of intimidation, the city and mayor’s motion says.
The suit doesn’t give any information on Thorn’s alleged role in the investigation, Gamble wrote. He adds that Thorn was a probationary officer at the time of his resignation and doesn’t meet the definition of officer or police officer.
The officers sued after they left the city’s employ in April, citing wrongful discharge, violation of the whistle blower statute, obstruction of an officer and abuse of process. They also accused Guillot separately of defamation of character.
No hearing date has been set on the motion.
