Judge dismisses Vero Beach police lieutenant’s retaliation lawsuit against city

VERO BEACH — A circuit judge has dismissed a retaliation lawsuit filed by longtime Vero Beach police Lt. Daniel Cook against the city.

Cook, who joined the department in 1989 and was promoted to lieutenant in 2001, sued under Florida’s Whistle-blower’s Act. He claimed city officials punished him after he raised concerns about Police Chief David Currey and a hostile work environment.

The communications he called protected activity were a March 10, 2024, text message and a March 15 email to City Manager Monte Falls, including his participation in a human resources investigation.

The actions Cook labeled as retaliation included a counseling memorandum, a performance evaluation, a written reprimand, and a one-shift suspension — all issued in 2024.

Circuit Judge Robert E. Meadows granted the city’s motion for summary judgment in a June 3 order and dismissed the complaint with prejudice, ending the case at the trial court level.

The judge found that Cook failed to show the communications qualified as protected disclosures under the law. The allegations in the text and email were “vague and conclusory,” the order said, and did not identify conduct covered by the statute.

Cook’s role in the HR investigation also did not support his claim, because there was no evidence the information he provided reached the officials who later disciplined him.

The counseling memo and performance evaluation did not amount to adverse personnel actions under the whistleblower statute, Meadows ruled. The reprimand and suspension did qualify as adverse actions, but the city had legitimate, non-retaliatory reasons for both.

The reprimand stemmed from comments Cook made during a performance evaluation meeting. The suspension followed an email he sent to Human Resources Director Gabriel Manus and four city council members that included personnel documents concerning another employee’s harassment allegations.

There was no evidence that Deputy Chief Matthew Monaco, who issued the discipline, acted out of retaliatory motive or on Currey’s behalf, the court found. The ruling also rejected a “cat’s paw” theory of liability.

“Based upon the undisputed material facts and the law governing a cause of action under Florida Statute Section 112.3187,” the order states, “Final Summary Judgment is hereby entered in favor of the Defendant, the City of Vero Beach, and the Complaint of Plaintiff, Daniel Cook, is DISMISSED WITH PREJUDICE.”

The judgment is final and appealable.