Forced to resign, former Iowa City police officer claims racial bias

A former Iowa City police officer claims racial bias was the real reason he was forced to resign after being accused of using excessive force.

Emilio M. Puente is suing the City of Iowa City in U.S. District Court for the Southern District or Iowa, claiming violations of the federal Civil Rights Act and the Americans with Disabilities Act.

Puente worked for the city as a police officer from April 2019 through February 2022 and was awarded a number of commendations for bravery and high-quality performance, according to his lawsuit.

The lawsuit alleges that in November 2019, a fellow officer sent a department-wide email from Puente’s police email account that mocked Puente’s own Latino ethnicity in some way. The content of the email is not described in the lawsuit, but the lawsuit claims Puente’s superiors declined to investigate the matter.

When a similar incident occurred involving the unauthorized use of a Caucasian officer’s email account, the police chief sent out a memo indicating such behavior would not be tolerated, the lawsuit claims.

In July 2020, Puente and another officer pursued a fleeing suspect through a grassy area in their vehicles, according to the lawsuit. Puente alleges he was disciplined for driving through the grass while the other officer, a Caucasian, was not.

In November 2021, the lawsuit claims, Puente participated in the arrest of a suspect who was being “assaultive and resistant” which resulted in Puente delivering “two controlled strikes to the suspect.” Later, the suspect’s mother drew the department’s attention to a video, circulating on social media, of the arrest.

That led to an internal affairs investigation and Puente’s use of force was allegedly deemed reasonable by an instructor on the use of force and by an instructor on how to deescalate conflicts. Despite that, Puente alleges, he was told in February 2022 that the chief of police would be firing him and that “he would never again work in law enforcement unless he resigned.”

Puente claims he followed the advice of his union representatives and submitted a letter of resignation, but that at the time he made the decision, he was under the influence of pain medications for a leg injury.

“Because of his forced resignation,” the lawsuit asserts, Puente’s “disability pay was discontinued immediately and he was left without income.”

The lawsuit alleges that after a May 2022 Civil Service Commission hearing on his discipline, police department management made a statement to the press that Puente had committed misconduct by violating the city’s use-of-force policy, publicly impugning his character.

A month later, Puente claims, another video surfaced on social media showing one of Iowa City’s Caucasian officers striking a handcuffed female “more than seven times with his closed fist.” That officer, Puente argues, “was never disciplined” for the actions depicted in the video, nor did the department open an internal investigation.

That same Caucasian officer, the lawsuit claims, is depicted in yet another video that shows him beating an individual who posed no threat. Again, the lawsuit alleges, that officer was not subject to discipline or any sort of an investigation.

While Puente “was forced to resign and lost his disability income, the other officer was publicly defended by the ICPD,” the lawsuit claims. The lawsuit seeks unspecified damages for racial or ethnic discrimination and disability discrimination.

Puente’s attorney filed a similar claim against the city in July 2024. That lawsuit was challenged by the city, which noted that the suit was filed almost six months before Puente had obtained the necessary right-to-sue letter from the U.S. Department of Justice. Technically, that lawsuit remains open and active, although the new lawsuit states that it is “intended to cure any possible defect” in the 2024 filing.

Lawyers for the city have declined to comment on Puente’s allegations.