Lincoln Police Officers Falsely Accused of Using Steroids File Federal Civil Rights Lawsuit

Tim Cronin and Josh Fullerton, two officers with the Lincoln Police Department (LPD) in Nebraska, have filed a federal civil rights lawsuit alleging that their constitutional rights were violated during a criminal investigation that falsely accused them of buying anabolic steroids. The lawsuit names the City of Lincoln, Police Chief Jim Peschong, Assistant Chief Brian Jackson, Narcotics Unit Capt. Chris Peterson, Police Legal Advisor Tonya Peters, Sgt. William Koepke and Sgt. Daren Reynolds as defendants.

The steroid investigation in question was initiated by Chief Peschong at the insistence of Capt. Peterson. Chief Peschong ultimately concluded that neither Cronin or Fullerton committed a crime. A subsequent internal affairs investigation also failed to find evidence that the officers illegally purchased steroids or committed any other acts unbecoming of an officer. There was never a basis for any criminal charges to be filed.

Cronin and Fullerton allege that the steroid investigation was launched in direct retaliation for Cronin’s filing of a complaint against his boss Capt. Peterson in August 2014. The complaint was filed with the LPD’s Personnel Sergeant who forwarded it to the Executive Director of Lincoln’s Commission on Human Rights. The complaint alleged that Capt. Peterson was “discriminating, harassing, and creating a hostile work environment for Cronin”.

"When Cronin began to have success with narcotics arrests and seizures, for unknown reasons, Peterson began a pattern and practice of interference and harassment against Cronin and his investigations," according to the lawsuit.

Capt. Peterson allegedly chose his moment to retaliate when the owner of the “SupZilla” sports nutrition and supplement store became the target of a steroid distribution investigation in Ohio. The SupZilla owner happened to be a friend of Cronin’s.

Capt. Peterson used this association to obtain search warrants for Cronin’s home, vehicle, blood, urine and mobile phone. Of particular note, the federal civil rights lawsuits claims that Cronin and Fullerton were subjected to unlawful arrest and denied legal counsel during their six-hour detention at the LPD Center Team Police Station while the search warrants were being executed in September 2015.

During the detention, Cronin was told that he was not under arrest but was nonetheless not allowed to leave. Cronin was not read their Miranda rights. Capt. Peterson allowed Cronin to call his lawyer but did not give him privacy to talk with his attorney on the phone. And when his attorney arrived at the police station, Cronin was not allowed to meet with him.

While Cronin was prevented from consulting his attorney during his unlawful detention, Sgt. Koepke transported Cronin to the Bryan West Hospital where he was forced to provide a blood and urine sample  “under the threat of having a catheter physically inserted into his penis to obtain urine”.

The LPD narcotics unit, under the authority of Capt. Peterson, and the Drug Enforcement Administration (DEA), failed to find any illegal anabolic steroids or anything else illegal during the raids of Cronin’s and Fullerton’s home. The only somewhat suspicious item they discovered was a dietary supplement that included the word “Anabol” on the label. While Anabol is a tradename for the steroid methandienone (Dianabol), it has also been used to market dietary supplements, such as ALR Industries' Pro-Anabol and Nutrex Research's Anabol-5, that were legally sold over-the-counter.

A police laboratory analysis of the Anabol product ingredients confirmed that it did not contain any illicit substance. In addition, blood and urine samples submitted by the officers did not reveal any evidence of steroid use or any suspicious hormonal abnormalities.

The lawsuit alleges multiple violation of Cronin’s and Fullerton’s constitutional rights including violations of the Fourth Amendment, the Fifth Amendment and the Six Amendment of the United States Constitution.

Source:

Johson, R. (June 28, 2017). LPD officers investigated for steroids allege their rights were violated. Retrieved from http://journalstar.com/news/local/911/lpd-officers-investigated-for-steroids-allege-their-rights-were-violated/article_14fff737-6404-5ede-aae8-457ded9997ad.html