‘Woke witch hunt.’ Ex-Fresno police officer, fired for Proud Boy ties, sues city
A former Fresno police officer who was fired from the department for being a member of an extremist group is suing the city and the police department for allegedly violating his civil rights.
Rick Fitzgerald, a one-time member of the Proud Boys, a right-wing organization with a reputation for violence, served as a Fresno police officer for nearly 18 years before his career was terminated on April 9 by Police Chief Paco Balderrama for alleged misconduct during his off-hours.
Filed Monday in Fresno County Superior Court, the lawsuit names Balderrama, Mayor Jerry Dyer and City Manager Tom Esqueda as defendants. City and police department officials could not be reached for comment.
Fitzgerald’s lawyer Peter Sean Bradley said Wednesday that the department denied his client due process, exaggerated his activities and caved in to pressure from the community and outside groups to fire him.
Bradley likens the firing of Fitzgerald to being along the lines of a “woke witch hunt.”
“It is like the McCarthy era,” Bradley said. “It’s all guilt by association.”
Fitzgerald is seeking financial damages, including punitive damages against, Balderrama, Dyer and Esqueda.
According to the lawsuit, the department was made aware on March 14 that Fitzgerald was “potentially involved” in off-duty misconduct by attending a protest at the Tower Theatre where suspected members of the Proud Boys were present.
For several weekends, supporters of the Tower Theatre were protesting the sale of the iconic building to Adventure Church.
“Fitzgerald made it clear that he and his group, ‘The Sons of ‘76’ did not have a position on the dispute and that the issue should be worked out through the legal system. Fitzgerald also made it clear at the protest that he and his group had no relationship with Proud Boys or any other group,” the lawsuit states.
Bradley also said Fitzgerald had left the Proud Boys about six months prior to being fired. He had also started his group “The Sons of 76” to perform works of civic charity in the name of patriotism and a belief in American ideals.
The department’s investigation also found other allegations of misconduct, including Instagram pictures of Fitzgerald wearing the comic book character’s costume of “The Punisher,” while holding an AR-15 style rifle with a caption that said “(s)hit is lot easier when you can kill people”
Bradley said “The Punisher” was a television series, saying the photo and caption were taken out of context and not meant as a threat.
“It was cosplay,” he said. “Are we at the point where if you quote something from TV that’s enough to create a leftist firestorm and get you fired?” Bradley said.
Fitzgerald was also accused of physically removing a flag from a counter-protester during a rally in Sacramento and for displaying a meme on social media that said: “I love my country. Fight me” With the added caption of “Still looking for takers.“
At the time of his firing, Balderrama issued a statement, saying, in part: “I stand by and reassert my prior comments in strongly disapproving of any police officer affiliating with hate groups, or any group known for engaging in violent criminal behavior. Such ideology, behavior, and affiliations have no place in law enforcement and will not be tolerated within the ranks of the Fresno Police Department. Public trust and accountability are paramount in our ability to fairly police this community. The integrity and legitimacy of our police department must be maintained.”
Bradley argues that Fitzgerald’s actions during his off-duty hours are protected by the First Amendment and the Police Officers Bill of Rights.
“At no time prior to his termination had Fitzgerald been told or warned that membership in Proud Boys was inconsistent with his employment with the City. At no time, had the United States federal government, the government of the State of California, or the City designated that Proud Boys as an unlawful or illegal organization or made unlawful statements in support of America, patriotism, race neutrality, and pride in America.”
The case is scheduled for a case management conference on Dec. 2 in Department 402.
This story was originally published August 4, 2021 at 12:28 PM.
