City's HR actions under fire as court spotlights retaliation risks for employers
A Michigan dispatcher’s retaliation lawsuit against her city employer will proceed after a federal appeals court denied immunity to the police commissioner.
Linda DeVooght, a longtime dispatcher for the City of Warren Police Department, claims she was unfairly targeted and fired after challenging the department’s search policy. According to her complaint, female dispatchers were required to conduct pat-down and strip searches of female arrestees, even when female officers were available, exposing them to health risks and aggressive behavior. The complaint says male dispatchers were not subject to similar requirements.
In 2020, DeVooght and five other female dispatchers filed a lawsuit alleging sex discrimination. Eleven days later, DeVooght became the subject of an Internal Affairs investigation, after a male dispatcher reported overhearing her ask another dispatcher if she planned to join the lawsuit. The department escalated the matter to a formal investigation, interviewing 23 dispatch employees over more than two months.
The investigation did not find that DeVooght retaliated against coworkers for refusing to join the lawsuit. However, it did reveal that she had accessed the department’s case-management system, CLEMIS, for personal reasons, which violated department policy. As a result, DeVooght was placed on paid administrative leave and then terminated.
DeVooght appealed her termination through her union and reached a settlement with the department. She was reinstated as a dispatcher, but with a demotion from supervisor, an unpaid suspension, and two years of ineligibility for promotion. She then filed a second lawsuit, alleging that the City of Warren and Police Commissioner William Dwyer retaliated against her for filing the original discrimination lawsuit. Her claims included alleged violations of her First Amendment rights and Michigan’s Elliott-Larsen Civil Rights Act.
The City and Commissioner moved for summary judgment, arguing that Dwyer should be granted qualified immunity. The district court denied qualified immunity on the retaliation claim, and the United States Court of Appeals for the Sixth Circuit affirmed that denial on November 5, 2025. The appellate court found there were unresolved legal and factual questions about whether DeVooght’s discipline was motivated by her lawsuit, and those questions should be decided at trial. The court dismissed factual arguments for lack of appellate jurisdiction at this stage.
For those in public sector workplaces, the case highlights the importance of handling discrimination complaints and subsequent disciplinary actions with care. The decision underscores that the timing and context of investigations and discipline following protected activity are subject to close judicial scrutiny. The litigation continues, but the ruling means DeVooght’s retaliation claims will get a full hearing.
