SAN DIEGO — A San Diego Police Captain is suing the San Diego Police Department and Chief David Nisleit over claims of corruption and discrimination.
"It's true in our department we have nepotism, bullying and preferential treatment. This exists at our department and has for some time now," said the plaintiff, Captain Alberto Leos, a 36 year veteran of the department.
The lawsuit was announced during a news conference outside San Diego Police headquarters with Captain Leos' attorney, John Gomez.
"We've all heard about the border wall, the Mexican wall," said Gomez, pointing to an organizational chart, showing the different department heads and their subordinates. "This is apparently the Mexican ceiling when it comes to Mexican American police officers at the San Diego police department," he said as he drew a line below the executive leadership.
Leos claims he was pressured to alter a traffic report involving Chief Nisleit's son, who is also a police officer.
"Initially [the crash] was investigated and determined to be what they call a 'Category 3' traffic collision, that basically mandates approximately 30 days off work unpaid," said Gomez. "Basically what happened was, leadership stepped in and tried to force Captain Leos to change it to a 'Category 2' [traffic collision]. He refused. Leadership did it on their own. They changed it to a 'Category 2' so Chief Nisleit's son faced no punishment, consequences whatsoever. Instead, he got a promotion."
Captain Leos said he has applied for promotions six times during his career, and has been passed over six times.
Leos said he was inspired to join the police department after the McDonald's mass shooting in San Ysidro back in 1984. Leos was a clerk at that McDonald's when the shooting as carried out.
"I promised myself I would do something good with my life if I made it out of that McDonald's," he said.
"In good faith I attempted to remedy the many complaints I have been subjected to, but the retaliation at the executive level left me no option but to move forward with civil litigation," said Captain Leos. "I fear retaliation as I talk with you today but doing the right thing overrides the fear that I have."
CBS 8 reached out to SDPD for comment. A spokesperson released the following statement:
The San Diego Police Department promotes individuals based on their skills, qualifications and performance. The executive leadership of the department currently includes sworn and professional staff with diverse backgrounds, including, African-American, Asian American and Pacific Islander, and Latin American representation. SDPD remains committed to promoting the best candidates to serve our communities.
San Diego Police Officers Association President Jared Wilson released the following statement:
San Diego Police Officers, Supervisors, and Managers put their lives on the line everyday to protect the city. SDPD has a decades-long history of diversity in recruiting, community engagement, and promotions. We strive to serve the community in a fair and impartial manner. Today’s demands that an Assistant Chief be promoted simply on the grounds of ethnicity or nationality sends the wrong message to rank and file officers. Every promotional process should be merit based. The rank of Captain is itself a senior leadership position within the department that many strive for and is difficult to obtain.
Additionally, there are claims that SDPOA members successfully appealed discipline through due process and received special treatment. The SDPOA protects the due process of its members and there are times, as in any other system of due process, where findings or discipline may be changed after an appeal. The process for this is transparently laid out in the Memorandum of Understanding between the City and SDPOA, SDPD Department Policies and Procedures, and San Diego City Administrative Regulations. This process is designed with checks and balances and numerous levels of oversight.