Minneapolis officer's defamation suit headed for trial

Sgt. Charlie Adams claims that Police Chief Tim Dolan defamed him by saying he was transferred out of homicide for "insubordination."

By ROCHELLE OLSON, Star Tribune

Last update: January 12, 2009 - 9:30 PM

Minneapolis police Sgt. Charlie Adams' defamation lawsuit against the city is being allowed to move ahead to an April trial date.

Hennepin County District Judge Regina Chu issued an order obtained Monday denying the city's request to dismiss the suit, which centers on the fallout from the case of Mark Loesch, a father of four slain while riding his bike in south Minneapolis on Sept. 13, 2007.

Shortly after the killing, Adams and his partner, then-Sgt. Richard Zimmerman, interviewed suspect Donald Jackson, who claimed Loesch offered him $40 for crack cocaine. Jackson said he didn't have any, but that "O'Dog" might have some. "O'Dog" then struck Loesch in the head with an aluminum baseball bat and killed him, Chu's order said.

Chu did not identify him, but Jamal Freeman is charged with second-degree murder and is scheduled to go on trial next week.

On Nov. 5, 2007, Lt. Amelia Huffman held a news conference and disclosed Jackson's claims about Loesch seeking to buy drugs. Two weeks later, the Star Tribune published a news story quoting Adams and Zimmerman saying they never told Huffman about the drug allegations and that "no evidence existed to support his allegation," the judge's order signed Friday said.

Huffman and Police Chief Tim Dolan then decided to transfer Adams out of homicide. After the transfer, Dolan made public comments, among them that Adams "is a very good homicide detective, but his relationship with his commander wasn't working."

He also characterized Adams' transfer with one word: "Insubordination."

Adams filed a lawsuit last year alleging defamation and violations of the Minnesota Government Data Practices Act. The city sought to have the case dismissed.

But Chu said that a dispute exists over whether Dolan acted with "actual malice," the legal standard Adams must meet to prevail. To demonstrate actual malice, Adams will have to show that Dolan made the defamatory statement "with knowledge that it was false or with reckless disregard of whether it was false or not."

She determined that the data practices claims also must be argued and evaluated. "A reasonable finder of fact could infer that Dolan's source for the information about the transfer was private government data."

Adams grew up in north Minneapolis. Before he joined homicide, he was well-known at City Hall and around town as the driver for former Mayor Sharon Sayles Belton. Adams now works nights in the Fifth Precinct. Zimmerman is now a lieutenant and in charge of the homicide unit.

The Dakota County attorney's office recently declined to file criminal charges against Dolan for violating the Data Practices Act.

Rochelle Olson • 612-673-1747

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