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Fairfax Police Chief David Rohrer Sued by Captain For Defamation

Captain Denise Hopson accuses Chief David M. Rohrer of retaliation after criticizing handling of sexual harassment investigation.

 

Updated

Fairfax County Police Chief David Rohrer retaliated against a female police captain who disagreed with how Rohrer handled an unrelated sexual harassment investigation, according to allegations in a civil lawsuit filed against Rohrer Tuesday.

The lawsuit, filed on behalf of Fairfax County Police Department Captain Denise Hopson, accuses Rohrer of, among other things, using emails written by an anonymous accuser to defame Hopson on the department's intranet, BLUENet. The anonymous author of the emails is also accused of defamation.

A meeting Rohrer called, and subsequent emails and a related posting on BLUENet from Rohrer (attached to this article), focused on Hopson’s 2010 design and execution of a new procedure for selecting detectives for the police department’s Major Crimes Division. Hopson commands the 83 lieutenants and detectives in FCPD's Major Crimes Division.

Hopson is seeking a court order forcing Rohrer to identify her anonymous email accuser, as well as at least $1,000 in damages from Rohrer. She is seeking $1 million from the anonymous accuser, who accused Hopson of favoritism and of coaching one job candidate. 

Victor Glasberg, Hopson's attorney, said that little is known about the identity of the emails author. When asked whether he thought the writer had a vendetta against Hopson and her husband, a 2nd lieutenant in the police department, Glasberg said, "Does the sun rise in the east?"

"She is very sorry to be in the position," said Glasberg, who declined to comment further about the case.

A Fairfax County Police Department spokesperson declined to comment on pending litigation, saying only that Rohrer will likely be represented by County Attorney Karen Gibbons.

 

Internal Investigation

In response to the January 6, 2011 anonymous email sent to Rohrer, FCPD's Internal Affairs division began an investigation into the MCD selection process. The writer or writers identified themselves as "a group of Fairfax County police officers who are outraged about the most recent process used to select future detectives for the Major Crimes Division."

However, the lawsuit alleges that Rohrer jumped the gun on March 1 when he reportedly told several top FCPD officers in a meeting that Captain Hopson had mishandled the selections. He also announced that he would invalidate the search's results and remove Hopson from her command position.

This swift decision was "stunningly out of character," Hopson alleges, because Rohrer is characterized by his deliberate management style. Less than a week after that meeting, Rohrer sent an email to several high-ranking FCPD employees saying the selection process was mishandled, and he later posted on BLUENet information attempting to discredit some rumors about the MCD selection process. He criticized the "overall administration" of the process, but declined to go into specifics, pending the results of the Internal Affairs investigation.

Rohrer's comments about the still-pending investigation tainted the Internal Affairs process, according to Hopson's complaint. They also brought more attention to Hopson.

Hopson alleges Rohrer may hold a grudge against her for voicing opposition to Rohrer’s handling of an earlier, unrelated matter—a sexual harassment complaint that Hopson was not directly involved in.

Shortly after the high-level FCPD meeting, Major Shawn Barrett, the commander of FCPD's Criminal Investigations Bureau, called Hopson to warn her that she was being unfairly "railroaded," according to the complaint. Hopson says that Barrett advised her to hire a lawyer.

A request for comment from Barrett was referred to FCPD's public information office.

 

First Email

This was not the first email from the anonymous author named in the complaint, according to Hopson's complaint. In the fall of 2010, a writer presumed by Hopson to be the author of the second email wrote that her husband, FCPD 2nd Lieutenant Mark Hopson, showed favoritism in choosing a new domestic violence detective for a police station. 2nd Lieutenant Hopson was also accused of blackmailing his commander, who allegedly was engaged in improper activities. 

The author of the first email identified themselves as an FCPD officer, according to the complaint, but refused to meet with investigators. An Internal Affairs inquiry absolved 2nd Lieutenant Hopson of wrongdoing, according to the complaint. Although Hopson asked that the department investigate the writer's identity, Rohrer refused, according to the complaint.

The anonymous writer later accused the Hopsons in the January 2011 of coaching the same domestic violence detective in the MCD selection process.

Private Person

10:05 am on Friday, October 21, 2011

it's time for a new, fresh, forward-thinking police chief. Rohrer has always lived in a cloud of controversy and has an arrogant cone of silence about him that is not fit for a diverse county changing as rapidly as Fairfax County.

It's deeply disturbing that the citizen review task force (or some similarly named entity) was snuffed out of existence by Rohrer --- what is he hiding?

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Everybodysgotone

10:20 am on Friday, October 21, 2011

Here we are again...typical guy in power, abusing others because he thinks he is untouchable...Thinks you can't live without him because he knows you better than you know yourself. Same guy who will push accountablitiy to anyone else who he can intimidate into accepting it when under fire. Same arrogant guy that thinks he will always overcome you and get away with whatever he wants...on and on....I get sick of these people. Psychotic's in power positions stink. Somebody do us a favor and commit this guy before the we spend more taxes to pay for his defense......

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Will Radle

10:31 am on Friday, October 21, 2011

Police Officers approaching the serious matter of alleged bias by anonymous email tells us we need to review this matter before there was ever thought of a lawsuit. If I am elected Fairfax County Chairman, Police Officers will have a new powerful advocate who listens and will not allow intimidation of anyone.

We need to unite around our highest values and invest in our highest priorities. I am proud and thankful Democratic and Republican senators and delegates helped put me on the November 8 ballot for Fairfax County Chairman. I am honored the Independent Green Party trusts me to address their concerns.

Thank you for letting me share. Vote on November 8.

A. Will Radle, Jr. (I)
Independent Candidate for Chairman,
Fairfax County Board of Supervisors
FairfaxAdvocates@gmail.com
YouTube.com/WillRadle1
571-358-9711

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Stealth Ops

11:14 am on Friday, October 21, 2011

Ha! Not surprised. The police itself violates the law when it pulls you over in the middle of the road and not on the shoulders, cops not wearing seat belts, speeding on school zones, etc... and when you send a complaint about it, they ignore it. The police is getting to the point to be just revenue generators for the county. There are good officers out there, but the police dept doesn't seem to address civil complaints to get rid of the rotten apples.

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Ron Furgerson

12:29 pm on Friday, October 21, 2011

As with any large organization there are missteps by leaders and disgruntled employees who believe rightly or wrongly that they are being treated unfairly or abused in other ways. Whatever, it is wise to wait and see what the investigation into the matter discloses. It is sad when internal issues result in a lawsuit and the reputation of a respected department is tarnished by the actions of a few to the detriment of the overwhelming majority of officers who seek only to be good public servants and protectors of our citizens.

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George

2:33 pm on Friday, October 21, 2011

It's deeply disturbing that the citizen review task force (or some similarly named entity) was snuffed out of existence by Rohrer --- what is he hiding?

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Uncle Smartypants

3:10 pm on Friday, October 21, 2011

I'll tell you what's deeply disturbing; that 70s-porn-star-style mustache. Doesn't he own a mirror? Ew ...

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Mary C. Stachyra

5:27 pm on Friday, October 21, 2011

Hi,
Please keep the discussion focused on the issue at hand: i.e., the merits of the lawsuit, versus anonymous personal attacks.

Private Person

8:35 pm on Friday, October 21, 2011

The issue at hand is anonymity -- and in this country, one has a right to face one's accuser in a court of law --- the police chief, more than anyone else, ought to know this, and it's terrible that he will not immediately release the information. Shame on Rohrer!

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C Shoemaker

9:50 pm on Friday, October 21, 2011

Chief Rohrer is actually a respected professional, and he deserves that respect. It is unfortunate that in our society the initiation of a court case seems to be a green light for bashing. Being a police chief in a county like Fairfax is a difficult job, very challenging. His professional record and commitment to our county stand up on their own. He is entitled to his viewpoint of his subordinates and the situations that come up along the way. He is also entitled to a viewpoint that can later change as information changes. I hope this member of the police force who has filed the suit will rethink her path and instead seek not to pursue it. There are other alternatives, Chief Rohrer is a good man and so is the force he leads.

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Will Radle

3:52 pm on Saturday, October 22, 2011

Chief Rohrer and every Police Officer deserves recognition for the level of service they provide our communty every day. The results of their work provide us the lowest crime rate in the national capital region and the lowest crime rate of the 50 largest localities in our nation.

As an Independent candidate for Fairfax County Chairman, I share responsibility for creating a culture of listening and responsible action. If Police Officers feel that they have been overlooked or mistreated, we need to ensure they know we will hear them and there will be no retaliation for requesting a review.

Thank you again for letting me share.

A. Will Radle, Jr. (I)
Independent Candidate for Chairman,
Fairfax County Board of Supervisors
FairfaxAdvocates@gmail.com
YouTube.com/WillRadle1
571-358-9711

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Sean_

4:09 pm on Saturday, October 22, 2011

The chief did the proper thing. Everything he shared in his emails and posted online was the truth. He was doing what should be done more often, and that is share the facts of a situation with his department to dispell any rumors. Chief Rohrer is a decent chief. Not the best but not the worst either. The one that should be ashamed of herself is Captain Hopson. She has no previous experience with investigations, yet she proclaims to be able to run that division. Thats absurd. Luckily, they have a solid assistant commander in place that is keeping things in check.

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Eric

5:16 pm on Saturday, October 22, 2011

My friend (FCPD guy) said she was an Internal Affairs investigator for a while. He is sure she got an enemy or two on the force there. I would think she would get lots of investigative experience in IA. He said the problem is the chief came out early and said it was unfair and then IA investigatied and said nothing was wrong. I don't think people should be bashing either person sincethey both are doing what they think is right. But, the post above sounds like someone the captain may have investigated.

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Sean_

9:17 am on Sunday, October 23, 2011

Do you have any idea what IA investigates?? Apparently not. IA only conducts investigations that determine if someone violated a department General Order or Standard Operating Procedure. Apparently there was not enough evidence that she violated any of those rules (if that doesn't make sense to you, then I will assume you think OJ didn't kill his wife). However, what she did was incredibly stupid. Heck, the chief didn't even say she violated any of those rules. His concerns centered around "the overall administration of the process and its fundamental fairness". Allowing someone to participate in a process whom does not even meet the minimum requirements to apply (the requirements that Capt Hopson herself wrote), is fundamentally unfair.

Might want to tell you "FCPD Guy" he should get his facts straight. First off, she was in IA, but that does not translate into investigative experience. Their investigations are completely different. For starters, the people they investigate have VERY LIMITED RIGHTS. There is no right to remain silent, there are minimal protections under the fourth amendment, and furthermore, you have no 5th amendment rights either (since you are probably not familiar with these, the 4th deals with search and seizure and the 5th is the right not to self incriminate). Secondly, IA did not say say it was a "Fair" process, they simply said she did not violate any GO's or SOP's (there is a big difference).

Eric

6:23 pm on Sunday, October 23, 2011

Wow!! Lots of anger Sean!!! Relax.... I didn't want to argue, just discuss. You said the captain should be ashamed because she doesn't have experience. Many CEOs across this country are hired for their management skill, not their experience. The off topic statement made you sound bitter and angry. If "GO" and "SOP" are your rules at work than they must have something in them about fairness?? If they looked into it and didn't find anything, how is it unfair and wrong? Just because your boss did something you don't like doesn't make it unfair or wrong. (Maybe the captain needs to know that too about the chief.) Lastly, my buddy's "facts" still stand - he only said she was in IA and you confirmed that. I still think that investigating the investigators would take a lot of experience, but I admit I get my education on this from TV. Relax. Not all of us hate cops... I've lived in fairfax all my life and I'm glad you are out there.

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Private Person

6:46 pm on Sunday, October 23, 2011

Very good points. But it's that arrogance and "we can do no wrong and know more than you" attitude that makes many of us who have lived in Fairfax all our lives wonder who the cops really work for and whom they protect and serve.

Will Radle

8:36 pm on Sunday, October 23, 2011

People seem to forget the honor bestowed in the privilege of serving our community. We need to value listening.

Arrogance permeates in our county leadership. An unfortunate consequence is clear. As I travel throughout Fairfax County, from Great Falls to Huntington and Mason Neck, people tell me they do not feel heard.

Coming from a humble background, I will help create a culture of listening as Fairfax County Chairman. I encourage voters to hold me accountable.

Thank you for letting me share. Vote Tuesday, November 8.

A. Will Radle, Jr. (I)
Independent Candidate for Chairman,
Fairfax County Board of Supervisors
FairfaxAdvocates@gmail.com
YouTube.com/WillRadle1
571-358-9711

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m.tracy

11:31 am on Monday, October 24, 2011

several comments: 1. Chief Rohrer didn't snuff out the citizens' review committee; the Board of Supervisors did-- in the most shameful manner imaginable. (Rohrer works for the BOS, and not surprisingly, he would oppose anything that might challenge his authority, but the buck stops with the BOS.) 2. Based on a reading of Rohrer's letter, he was way out of bounds -- since internal affairs investigations take at least two months, he should not have been commenting at all in March. It further appears that Internal Affairs was violating its mandate if someone from IA privately told Rohrer that “some” of the allegations were unfounded. And given the ongoing IA investigation, how could Rohrer jump the gun and take action on the basis of a “flawed process” ? I'm not a lawyer, and don't know the parties involved, but Rohrer’s memos sure look like defamation to me. 3. Aside from the he-said, she-said, most troubling is the fact that the taxpayers will foot the bill for the suit and whatever settlement is reached—which, if BOS- approved settlements of recent cases against the police dept are indicative, could be in the millions. It’s high time for the BOS to take off its blinders.. .

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Kevin G.

1:11 pm on Monday, October 24, 2011

Dearest Will Radle, if you have contributions to the discussion please post them. Otherwise, quit posting political race "elect me" stuff, YouTube ads, etc... on this blog. We don't care about your campaign. If we wanted to entertain discussion about your campaign we would post on an article about it. Get off this board as you are doing yourself more harm than good and have no dog in this fight. You merely hoep to have a dog in this fight if elected. Let those of us that are cuurrently in this fight debate it.

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Richard Holmquist

2:06 pm on Monday, October 24, 2011

Here here, Wally. Mr. Radle, you're doing yourself and the Green Party a disservice through your spamming of these message boards. Contribute something of interest, or do yourself a favor and find another means to get your out your message.

Will Radle

9:47 pm on Monday, October 24, 2011

Wally & Richard, thank you for sharing your perspective & feedback. I am concerned that front-line Police Officers do not feel heard. I will not ignore this issue. I am listening, responding and sharing my personal concern with a genuine, sincere message. No games or excuses. Thank you.

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Mary C. Stachyra

10:35 pm on Monday, October 31, 2011

I have deleted one comment because it violates our terms of service, due to the inclusion of a profanity. The user can feel free to repost her comment, minus the one word.

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