Part of lawsuit against prosecutor Lee dismissed

SPOKANE - A federal judge dismissed portions of a former Grant County deputy prosecutor's civil lawsuit against the county and her former boss, Angus Lee.

District Judge Edward F. Shea ruled, in a summary judgment, former Deputy Prosecutor Teresa Chen was not protected under the First Amendment or the Family Medical Leave Act because of her position. He ruled the claims of violating public policy and disability discrimination could continue, according to court records.

Chen started with the prosecutor's office in 2002 and handled appeals. She also served as a "back up" attorney, handled a "rare trial in superior court, consulted on various issues, made charging decisions and prepared adult felony cases for trial," according to Shea's decision.

Before Prosecutor Angus Lee was appointed in 2009, Chen signed two letters opposing his appointment. The first supported his opponent, former Chief Deputy Steve Hallstrom. The second declared her lack of confidence in Lee, according to court records.

"On the day he was appointed, Ms. Chen approached Mr. Lee regarding the future of her position," Shea wrote. "Mr. Lee assured Ms. Chen that he wanted her to remain an employee and that he would be making no immediate, significant changes without 'full consultation.'"

Lee spoke with Human Resources Director Tammie Hechler about changing how prosecutions were handled, telling her he wanted to switch to a "vertical-prosecution system," according to court records. The change requires deputy prosecutors to handle cases through the appeals process.

"Lee explained that once the vertical-prosecution system was implemented, the appellate deputy position would be absorbed, creating a new all-purpose deputy prosecuting attorney position," according to Shea's decision.  "Mr. Lee's conversations with Ms. Hechler did not focus on Ms. Chen's duties going forward."

Chen went to Hechler asking about what she could do to "to take care of (her) health and still preserve (her) job" shortly after Administrative Assistant Cathleen Neils and Hallstrom were fired, according to the judgment.

"Ms. Hechler made it clear that, as a long-time employee, Ms. Chen was eligible for (the Family Medical Leave Act)," Shea wrote. "Ms. Hechler gave Ms. Chen a packet containing Grant County's FMLA policy and told her to read it over and to contact her if she had any questions."

Chen gave Hechler a "non-FMLA" medical release from work on April 2. The release covered from April 2 to May 1, 2009.

Lee called Chen four days later. Lee claims he was eliminating the appellate deputy position and transferring her to Grant County District Court. Chen claims Lee questioned whether she was really sick, demanding her resignation and threatened her with demotion by transferring her to district court.

"Ms. Chen advised Mr. Lee that she believed the assignment was 'punitive' and that district court was 'below (her) abilities and experiences.' Yet, Ms. Chen claims she did not reject the offer outright. Mr. Lee decided to fire her," Shea wrote.

Shea ruled Chen's First Amendment claim was invalid because she was a "confidential" employee. Her position as a deputy prosecutor put her in a policy making position, allowing Lee to fire her for opposing his appointment.

Shea dismissed Chen's FMLA claim stating she was not eligible under the law because of an exemption excluding people "selected by the holder of a public office of a political subdivision to be a member of his or her personal staff," according to the decision.

"Ms. Chen attempted to exercise rights under the FMLA. But Congress specifically exempted 'personal staff' members from the FMLA; the FMLA does not provide FMLA rights to those who, like Ms. Chen, serve at the pleasure of their employer," Shea wrote.

Chen's attorney, Steve Lacy, said he is preparing to go to trial on the remaining claims on April 25, and has submitted a motion to substitute Washington's medical leave act as a model for the violation of public policy.

"I've asked the court to amend the complaint. He hasn't ruled on that. We go on trial for the common law action," Lacy said. "I'm happy as a clam to go to trial."

Lee stated Shea's decision is an absolute vindication.

"I have always maintained that I have acted in the best interest of the people of this county and was never in violation of Ms. Chen's civil rights," he stated.