SAGINAW, MI — A Saginaw County judge has dismissed a former police detective’s lawsuit against the township that had employed him, in which he argued he was fired for investigating a Roman Catholic priest now imprisoned on sex crimes.
Saginaw County Circuit Judge Andre R. Borrello on Oct. 23 dismissed the suit of Brian J. Berg against defendants Tittabawassee Township and former Police Chief Dennis Green. The judge dismissed the case at the request of attorney Stacy J. Belisle, who represented Green and the department.
In his suit, Berg had alleged then-Chief Green had pressured and then ordered him to drop a criminal investigation into the Rev. Robert J. “Father Bob” DeLand Jr., a priest working in Tittabawassee Township and Saginaw County.
“We’re disappointed in the decision,” said Detroit-based civil rights attorney Jonathan R. Marko, who represents Berg. “It wasn’t (dismissed) on the merits. In other words, the judge didn’t find that Mr. Berg wasn’t discriminated against or that he wasn’t terminated because of his investigation into Father DeLand or anything like that. The judge simply found that he didn’t bring a lawsuit soon enough after he was terminated.”
Borrello found Berg’s claims stemmed from the Whistleblower Protection Act. The act requires plaintiffs to file a lawsuit within 90 days of termination, a cutoff Marko described as “insane.”
“It really cuts out a lot of people from justice,” Marko said, adding he has already filed an appeal. “We’re going to see what the Court of Appeals has to say about it.”
Calls to Tittabawassee Township offices seeking comment were answered by a voicemail stating they are closed from Nov. 11-13 due to increased COVID-19 cases. Belisle could not be reached immediately for comment.
The suit alleged Berg, employed by the police department since 2008, began investigating DeLand in November 2017 after receiving a complaint that the priest had had inappropriate contact with a minor.
Robert DeLand Jr. waits to stand before Judge Darnell Jackson for his sentencing, Thursday, April 25, 2019.Kaytie Boomer | MLive.com
The lawsuit alleged Berg was pressured to drop the investigation.
“As time went on, Defendant Chief Green pressured (Berg) to discontinue the investigation, and eventually ordered (him) to terminate the investigation completely, despite the fact that (Berg) had several active leads against Father DeLand,” the suit contended.
Police arrested DeLand in February 2018 and he subsequently pleaded no contest to some of the charges he faced. Berg was fired in October 2018, something the lawsuit alleges was “an attempt by the Tittabawassee Township to interfere with the investigation and criminal trial of Father DeLand.”
Berg provided MLive with a written statement at the time of his termination.
“A detective should not be expected to look the other way, be labeled too effective, or be told the township does not like media attention,” Berg wrote. “The recent high-profile cases Tittabawassee Township has experienced is not something I personally sought out. However, when presented with such crimes I will always investigate the cases.”
The suit listed three counts — wrongful discharge in violation of public policy, wrongful termination in violation of the Whistleblower Protection Act, and violation of Michigan’s Elliott-Larsen Civil Rights Act.
Marko had filed the suit on Berg’s behalf on May 20. Berg is currently working part-time at another police agency, Marko said.
“This is really affecting his ability to get a promotion,” Marko said. “No one wants to hire a chief who is on the record as being terminated. Still today, the kind of amazing thing is they still haven’t given a reason for why he was terminated.”
Read more:
Ex-detective claims he was fired for investigating Catholic sex abuse case in Saginaw County
Employee sues Catholic Diocese of Saginaw, claiming retaliation for reporting sex-abuse complaint
Suspended Catholic priest gets two years for sexual assault of teen
Catholic priest pleads no contest to sex assault charge, avoids second trial
Jury acquits Catholic priest Robert DeLand of sexually assaulting 2 teens
Teens testify Catholic priest sexually assaulted them
Lawsuit against Father Bob, Saginaw Diocese moved to state court
Saginaw Catholic diocese ‘stonewalled’ investigators in alleged sex abuse case, prosecutors say