Fired cop sues county attorney, alleging violation of his civil rights.

Byline: Barbara L. Jones

A former Cloquet police officer is suing Carlton County Attorney Lauri Ketola, and others, for violating his civil rights and forcing him out of his job.

The plaintiff, Scott Holman, alleges that by attacking his credibility as a witness, officials not only cost him his job but impaired his ability to work in law enforcement, in retaliation for his protected speech on social media.

According to the complaint filed last week in federal court, the plaintiff lost his job through the use of a "Brady" procedure with no due process. The term stems from the 1963 U.S. Supreme Court case Brady v. Maryland, which requires disclosure of exculpatory material to defendants in criminal prosecutions, including misconduct findings involving law enforcement officers. It was followed by Giglio v. U.S. in 1972 which extended the duty to disclosure of any deals made involving government witnesses.

The complaint charges that Ketola, based on false and defamatory evidence, "branded Plaintiff untrustworthy to testify in court, knowing that this determination could result in discipline or termination, and intended that it do so."

It also charges that Ketola as county attorney advised the Cloquet Police Department chief that she would refuse to prosecute any cases that could rely on the testimony of the plaintiff, enhancing the prospect of his termination and inability to find another law enforcement job. It alleges that Kerry Kolodge, a member of the City Council, and the City of Cloquet are also responsible.

The plaintiff seeks $2 million or more in compensatory damages and the same amount in punitive damages.

Attorney Joe Flynn, who represents Carlton County and Ketola, said the complaint has no merit and that Ketola and the county are immune from suit. "It's extraordinarily unusual," Flynn said. Courts all over the country have said that they will not second-guess prosecutorial discretion, he added.

David Schultz, professor of law and political science, agreed. "The federal courts have given enormous discretion to prosecutors and are unwilling to second-guess them even on issues of racial bias," he said. Although he believes the case will be "easily dismissed," the question of what to do about an allegedly errant prosecutor is a good one, he added.

The lawsuit was filed on Jan. 15 and the summons issued the next day. No other documents have been filed. The attorney for Kolodge and the city could not be reached for comment.

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