Retired Boise police captain alleged discrimination, retaliation. Here’s a judge’s ruling

Two years after a former Boise police captain filed a lawsuit against the city alleging age and disability discrimination — along with claims of retaliation by then-Police Chief Ryan Lee — a federal judge dismissed the entire case.

In a 22-page order, U.S. District Judge B. Lynn Winmill found that aside from Lee's "hostility" and the allegations of misconduct, then-Internal Affairs Capt. Tom Fleming's working conditions remained the same.

Lee was asked to resign by Boise Mayor Lauren McLean in September 2022 after various allegations from several officers against the chief became public, in what McLean called an "unprecedented step" of publicizing personnel complaints.

Fleming, one of the nine city employees who filed complaints against Lee, alleged that Lee told him not to follow department policy and retaliated against him for conducting internal affairs investigations.

In his November 2022 lawsuit, Fleming alleged that he was "constructively discharged" — or forced to retire because of hostile working conditions — after Lee continually discriminated against Fleming, who underwent knee-replacement surgery. The captain said Lee harassed him with "disparaging" comments about retirement plans, according to prior reporting .

But Winmill pointed out in his order that federal courts have rejected constructive discharge claims "far more concerning" and that typically winning cases include facts that are "truly egregious."

"Even after construing the evidence in a light most favorable to Fleming," Winmill wrote, "the Court is unpersuaded that his claim of constructive discharge can survive summary judgment."