Former Capital Police chief sues over dismissal | NevadaAppeal.com

Former Capital Police chief sues over dismissal

Former Capital Police Chief Tom Navin has charged he was wrongfully terminated for failing a physical he was legally exempt from taking.

Navin was let go March 15 at the order of Public Safety Director Chris Perry because he was unable to complete his physical to maintain his Peace Officer Standards and Training certification. During the push-ups portion of the test, he re-injured his shoulder, tearing the rotator cuff.

Navin’s suit in Carson City District Court charges that he was exempt from taking that test because he still was recovering from an Aug. 29, 2012, surgery to repair that shoulder.

The shoulder, according to the suit, was originally injured at work during his first attempt to pass the POST physical last June.

The complaint says Navin completed 10 weeks of physical therapy following surgery but that an examination stated that “you may have a permanent impairment” and exempted him from the test.

He was ordered to take the test anyway because of the policy stating that all sworn chiefs must be POST certified.

The lawsuit by Reno lawyer Ken McKenna charges that the Department of Public Safety conspired to force Navin to take the test “he was not statutorily required to take knowing he had an open permanent partial impairment disability claim.”

He says the department is guilty of hostile, offensive conduct and negligence.

It says the department “ignored, intimidated, belittled, humiliated and treated Plaintiff with utter disregard.”

It seeks punitive, exemplary and general damages.

The state has not yet filed a response to the suit filed April 22.

Navin declined comment, referring questions to his lawyer.