Firefighter Sues Police Over Motorcycle Gang Allegation that Led to Termination

Posted by: Curt Varone September 3, 2014 4 Comments

A California firefighter who was fired last year following a police report that he was involved in “gang activity” as a member of a motorcycle gang, has filed suit against two law enforcement agencies and the Sergeant who allegedly informed his fire chief.

Kristopher Klay, 24, was terminated in June, 2013 by the South Lake Tahoe Fire Department following a report from a member of the Santa Cruz County Gang Task Force indicating he was detained on May 3, 2013 and believed to be a member of a motorcycle.

According to the complaint, Klay admits he is a member of a motorcycle club made up of firefighters and EMTs who ride together and frequently participate in charitable events. He and a fellow club member (an EMT) were riding on May 3, 2013 when they were stopped for no reason by members of the Santa Cruz County Gang Task Force, including Sergeant Stefan Fish. The Task force is made up members of the Santa Cruz County Sheriff’s Office and Watsonville Police Department.

Both riders were released without being charged, but several weeks later the Task Force notified the South Lake Tahoe Fire Department of Klay’s detention and their concerns about his involvement in a motorcycle gang. The complaint cites this as the “sole reason provided” for Klay’s termination”.

The Santa Cruiz Sentinal quoted Klay’s attorney Elisa Stewart as saying “Despite not being arrested, cited or charged with any offense, the law enforcement officers stated in their police report that plaintiff (Klay) was a member of a motorcycle gang and that the detention involved ‘gang activity.'”

Klay filed suit in state court last November naming Sergeant Fish, the Santa Cruz County Sheriff’s Office and the Watsonville Police Department. Earlier this year the case was removed to US District Court due to the federal claims.

The complaint includes six counts:

  1. 42 U.S.C. § 1983
  2. Violation of California Labor Code § 432.7(g)(l)
  3. Violation of California Labor Code § 432.7(g)(2)
  4. Defamation
  5. Negligent Infliction of Emotional Distress
  6. Intentional Infliction of Emotional Distress

Here are the two Labor Code Sections in §432.7:

(g) (1) No peace officer or employee of a law enforcement agency with access to criminal offender record information maintained by a local law enforcement criminal justice agency shall knowingly disclose, with intent to affect a person’s employment, any information contained therein pertaining to an arrest or detention or proceeding that did not result in a conviction, including information pertaining to a referral to, and participation in, any pretrial or posttrial diversion program, to any person not authorized by law to receive that information.

   (2) No other person authorized by law to receive criminal offender record information maintained by a local law enforcement criminal justice agency shall knowingly disclose any information received therefrom pertaining to an arrest or detention or proceeding that did not result in a conviction, including information pertaining to a referral to, and participation in, any pretrial or posttrial diversion program, to any person not authorized by law to receive that information.

The complaint indicates that Klay filed an internal affairs complaint against Sergeant Fish in July, 2013 for releasing the information. The IA complaint was “sustained” in August, 2014, indicating that Sergeant Fish was found to have violated either a policy or practice of the Sheriff’s office.

Here is a copy of the Klay’s original complaint filed in Santa Cruz County Superior Court: Klay v Santa Cruz

More on the story.

About Curt Varone

Curt Varone has over 45 years of fire service experience and 35 as a practicing attorney licensed in both Rhode Island and Maine. His background includes 29 years as a career firefighter in Providence (retiring as a Deputy Assistant Chief), as well as volunteer and paid on call experience. He is the author of two books: Legal Considerations for Fire and Emergency Services, (2006, 2nd ed. 2011, 3rd ed. 2014, 4th ed. 2022) and Fire Officer's Legal Handbook (2007), and is a contributing editor for Firehouse Magazine writing the Fire Law column.
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