A ruling in favor of the City of Vero Beach last week dismissing all counts in a whistleblower lawsuit filed by a 37-year veteran of the Vero Beach Police Department might not be the final word in the case as Lt. Daniel Cook’s attorney prepares to file an appeal, if needed.
At the behest of the city’s motion for a summary judgment, Circuit Court Judge Cynthia Cox ruled to dismiss Cook’s hostile workplace and retaliation claims, with prejudice, meaning Cook cannot amend or re-file them.
While city officials took a victory lap in the regional media last week celebrating their big win, Cook’s dogged attorney Jessica Travis – who publicly released more than 1,300 pages of deposition transcripts to bolster her client’s complaint – worked on her next move.
Travis on Monday stood by claims that Cook reported misconduct by his superiors “and was disciplined within weeks of doing so,” she said.
“We believe the evidence supporting his whistleblower claim was not fully addressed by the Court and are preparing a motion for rehearing and, if needed, an appeal, because Florida’s Whistleblower Act exists precisely to protect public employees like Lieutenant Cook who have the courage to report wrongdoing, and that protection must mean something,” Travis said.
In the lawsuit, Cook claims he became a target and was disciplined repeatedly because he was suspected of leaking information that would reflect poorly on Chief David Currey.
When his concerns about his treatment were not addressed to his satisfaction through usual channels, Cook took his beef with Currey to City Manager Monte Falls and directly to the City Council. He was terminated after that.
Currey and other top city officials deny Cook was targeted or disciplined out of retribution, branding the lawsuit as unfounded.
The events detailed in the case took place in the spring of 2024 while Currey was attempting to beat back an attack from two local businessmen who wanted the chief ousted. Gorilla Ammo CEO Lanse Padgett, and Padgett’s silent business partner, John’s Island resident and George E. Warren Corp. executive Thomas Corr had called for Currey to be replaced, citing poor leadership and what they viewed as a lackluster track record for solving crimes.
Had the case gone to trial next month, at least 41 people would likely have been called to testify. The witness list includes dozens of police officers, city employees and top Vero officials as well as command staff from the Indian River County Sheriff’s Office.
Vero Beach Mayor John Cotugno successfully obtained Judge Cox’s protection from being deposed, claiming the Apex Doctrine that he was too far removed from police personnel matters to have meaningful knowledge of the lawsuit’s claims. But based upon new information which came up in initial depositions about Cotugno’s ongoing involvement in trying to solve contentious police department troubles, the mayor may have gotten dragged into the trial anyway.
