The following story contains language that some readers may find disturbing. Discretion is advised.
GREENWOOD — A judge has sided with the City of Greenwood in a former police officer’s federal lawsuit against the police chief alleging the chief retaliated against him because he criticized the chief on Facebook.
In August 2023, WRTV reported Sam Bowen filed the lawsuit alleging Chief Jim Ison “illegally retaliated” against him because of the Facebook posts.
On February 20, federal Judge Richard Young granted the City of Greenwood’s motion for summary judgment in Bowen’s lawsuit.
“Police departments depend on the respect and trust of the community to function effectively,” wrote Judge Young in his decision. “By calling Ison a liar and accusing the GPD of hiding information from the public, Bowen compromised the community’s trust in its police officers, regardless of whether his posts identified him as a police officer.”
The city released a statement following the judge’s decision.
“Bowen’s lawsuit was meritless, and the City is thankful that its taxpayers will not bear the expense of a trial,” read the statement from the City of Greenwood.
Bowen’s attorney Jay Meisenhelder released the following statement in response to the judge’s decision:
“Both Mr. Bowen and I are disappointed by what we believe is Judge Young’s incorrect decision. Carried to its ultimate conclusion, the decision says that a police department’s need to “foster loyalty and obedience to superior officers” always overrides the free speech rights of individual police officers.
That’s a dangerous precedent. When police chiefs and other high-ranking law enforcement officers engage in inappropriate or illegal conduct, the individual officers in the organization are often the people with the best opportunity – and the greatest credibility – to bring their superior’s malfeasance to light. This decision will make good cops think long and hard about exposing malfeasance and corruption in their organization.”
Bowen was terminated by the Police Merit Commission.
As WRTV Investigates first reported in 2023, Chief Ison moved to terminate five officers for exchanging instant messages that “contained, profanity, sexually explicit content, disrespectful/explicit comments concerning supervisors, and pejorative racial and religious comments.”
Disciplinary documents obtained by WRTV say the messages used derogatory language to describe African Americans, gay people and Jews.
Four of the five officers resigned.
Bowen commented in Greenwood Facebook chatter groups about the crime rate, and criticized Greenwood Police Chief James Ison and Mayor Mark Myers, who was running for re-election.
- “Neither of them care. They're too worried about policing their police and tanking morale at the department,” wrote one comment from Bowen on Facebook.
- "I wish the police department would be more transparent and post what is actually going on all the time,” Bowen commented on Facebook. “Unfortunately, Chief Ison tries to sweep most things under the rug."
Bowen commented on a post in Greenwood Indiana Crime Tracker about an alleged incident in which a man stole a U-Haul, drove around shooting a gun out the window and crashed into a building.
- “I think something you should wonder is why the Greenwood Police Department has not released any statement on this? Or why they never notify the public about anything, unless it’s hiring 12 new officers right before an election to make the mayor look good,” Bowen commented.
Bowen pointed out he was not identified on his own Facebook page as a GPD officer.
"I was at home, posting from my own devices, not in uniform,” said Bowen in 2023. “I never identified myself to be a police officer.”
WRTV Investigates: “Some might say you're a Greenwood police officer and your words represent the department?”
Bowen: I would agree if I'm in uniform, working as a police officer.
“Ison made it clear to Bowen that the reason for the actions was Bowen's participation in the Facebook exchanges critical of Myers and Ison,” read the lawsuit.
The lawsuit also alleged the chief violated his First Amendment rights.
"Bowen's right to speak, as a private citizen, on matters of public concern, is guaranteed by the First Amendment,” read the lawsuit.
"My speech is protected as a First Amendment right,” said Bowen. “The fact that action is being taken against me for this protected speech is clearly a First Amendment violation. I’m speaking as a private citizen on a matter of public concern.”
Bowen said things took an unexpected turn after filing the lawsuit.
The city obtained all of his instant messages Bowen had exchanged with other officers from his work computer.
Chief Ison recommended Bowen and four other officers be terminated allegedly based on what was in those instant messages, read the lawsuit.
"The only officer whose IMs were obtained by the chief was Officer Bowen,” said Jay Meisenhelder, attorney for Bowen. "It's not like they went out and found all the other for the other officers. I think (the other officers) are collateral damage."
WRTV Investigates to Bowen: “Can you tell us what was in those messages that had the chief concerned?”
Attorney: “We don't want to talk about the content of the messages prior to the merit board hearing."
Disciplinary documents obtained by WRTV on Tuesday say Officer Bowen used derogatory language to describe African Americans, gay people and jews.
Here are some examples listed in the documents:
On 03/27/23 Officer Bowen called Officer Hagist a ‘Hannukah loving fag,’” read the disciplinary document. “On 04/15/23 Officer Bowen comments to Officer Hagist, ‘ur being awfully Jewish tonight.’On 03/23/23 Officer Bowen commented, 'the fat retard at Popeyes didn’t give me my sauce so now I gotta eat my chicken dry af.' Officer Hennig responded, 'awful 13% of you.' Officer Bowen replied, 'I was feeling like indulging in what it’s like to be a coon for dinner.'
Disciplinary documents show Officers Elijah Allen and Jacob Hagist are also accused of using slurs in their instant messages, including derogatory language for gay people.
On 09/07/22 Officer Elijah Allen commented, ‘fags.’ This was directed at his shift mates,” read the documents.On 03/05/23 Officer Jacob Hagist sent an instant message to Officer Samuel Bowen that read, ‘FAGGOT.’ Officer Bowen replied, ‘bitch ass,’” read the documents.
Bowen said the lawsuit is not about getting his job back, although he would like to stay in policing.
“To me it's about improving the police department,” said Bowen.
