A Pima County Sheriff’s Department sergeant put on leave after being accused of campaigning in uniform has filed a lawsuit against Sheriff Chris Nanos, saying his free speech rights have been violated.
Nanos and Capt. Juan Navarro erroneously placed Sgt. Aaron Cross on paid administrative after the department claimed Cross campaigned for Nanos’ political rival on two separate occasions dressed in a way that gave the appearance he was in uniform while doing so, the lawsuit says.
“There is photographic evidence that proves (the allegations against Cross) are not true,” said Steve Serbalik, the attorney for Cross, referring to photos taken during the Oct. 12 and 14th events.
The photos show people holding signs that say, “Deputies Don’t Want Nanos.” No one in the photos is in uniform, but the department says Cross was dressed in clothing similar to a uniform and had been told by a supervisor not to do so again after the first event.
“If you or I go out and wear the same thing (as Cross did), it would be okay. We’re protesting. We’re not pulling people over or pretending to be police officers,” Serbalik said.
Following the Oct. 14 gathering, Cross was called in by Navarro and placed on administrative leave.
Cross is a vocal critic of Nanos and open supporter of his Republican challenger in the race to be the county’s top law enforcement officer, Heather Lappin, a lieutenant at the Pima County jail. Lappin also was put on paid leave with Cross. The department has said she posted a photo of the campaign event on social media and worked with a local news outlet publishing stories critical of the jail, which Nanos oversees.
Cross also was prohibited from telling others about the situation, which Serbalik said was another violation of his client’s right to free speech.
Without the court’s intervention, Nanos and Navarro will continue to keep Cross on administrative leave and uphold his admonishment “in retaliation for his speaking off-duty on a matter of public concern,” the lawsuit states.
As the head of the Pima County Deputies Organization, Cross’ inability to speak about his administrative leave has had a direct impact on his ability to communicate with members of his labor organization and to the public, further damaging his First Amendment rights, the suit states.
This isn’t the first time Nanos has taken action against Cross for speaking his mind, Serbalik said.
The suit explains that in April of this year, Cross made comments while doing an off-duty radio interview. Following the interview Nanos initiated an investigation into Cross’ behavior. Cross and his attorney filed a lawsuit against Nanos in federal court, and the investigation against Cross was dropped.
“It’s really scary when you have a law enforcement person say, ‘I’m going to silence my employee and use the authority of my office to do it.”
