Pima County Sheriff Chris Nanos.The union leader Pima County Sheriff Chris Nanos placed on leave last week is now suing the Sheriff for violating his First Amendment rights.
Nanos placed Sergeant Aaron Cross on administrative leave on Oct. 14 for participating in political activities while allegedly dressed in department clothing. Nanos also suspended Heather Lappin, his Republican challenger in the Sheriff’s race, the same day.
Cross is the president of the Pima County Deputy’s Organization, a union that released a vote of no confidence in Nanos earlier this year.
Cross’ attorney filed the suit in Arizona District Court on Oct. 17.
PCDO is a chapter under the Arizona Conference of Police and Sheriffs, also known as AZCOPS, and the suit says a majority of PCSD deputies are members. Earlier this year, Cross confirmed to AZPM that more than 200 deputies are members of PCDO.
Part of the suspension of Cross includes placing him under a gag order. According to the suit, placing the union president under a gag order creates a chilling effect and prevents him and other AZCOPS members from commenting on matters of public concern.
In addition to Nanos, the suit also names Juan Carlos Navarro, a captain and advisor to Nanos who handles disciplinary actions and interprets PCSD policy.
Cross carried a sign that read “Deputies Don’t Want Nanos” at a political event on Oct. 12, according to the suit. On that day, his clothing was his own and although “similar in style and color to those of on-duty deputies,” did not have any official PCSD logos. He also wore his own gun, handcuffs, and handcuff holder on his belt.
Navarro became aware of Cross’ off-duty actions and called him, relaying alleged “complaints” that PCSD employees were campaigning while in uniform. Cross told Navarro his clothes were his own and that he was off-duty. Navarro then ordered Cross to not wear anything deputies wore on duty to future political events.
When Cross picketed again on Oct. 14, he wore a gray athletic shirt and khaki battle dress uniform pants, according to court documents. Cross was then summoned to his supervisor's office and placed on leave for “an unspecified reason while pending an unspecified investigation,” and placed under an admonishment, according to court documents.
An admonishment has the effect of a gag order.
The lawsuit also calls the press release from PCSD on the afternoon of Oct 15 "false" and misleading. It says Navarro and Nanos both knew Cross was wearing his own clothes because of Navarro’s phone call to Cross after the first event.
Cross claims Nanos’ and Navarros’ actions violated his state and federal constitutional rights, and that he suffered damages from gross negligence.
The suit asks the court to grant a Preliminary Injunction, which would prevent the Sheriff from taking any more action against Cross or members of AZCOPS until the suit is settled. It also requests a jury trial and for Nanos to be held responsible for general damages, including “reputation, emotional distress, lost profits, deprivation of constitutional rights, humiliation, and attorney’s fees.”
A hearing is set for next Monday, Oct. 28.
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