City Wants Former LPD Officer’s Suit Dismissed

LINCOLN–(KFOR/KOLN May 19)–Assistant Lincoln City Attorney Tyler Spahn on Thursday called on a Lancaster County judge to dismiss case against the City of Lincoln filed by former Police Officer Erin Spilker, alleging a hostile work environment, sex or gender discrimination, retaliation and constructive discharge.

KFOR’s media partner, 10/11 Now, is reporting that Spahn hinged his motion to dismiss on a technicality because Spilker is suing under the Nebraska Fair Employment Practice Act, where there’s a 300-day statute of limitations.  Spilker’s attorney, Kelly Brandon, said the case can use what’s called the continuing violation doctrine, which would override the statute of limitations because all of the allegations are similar in frequency, nature and severity.

The initial complaint, filed in early 2022, alleges the City of Lincoln failed to act after several reports of sexual harassment and assault, including an incident in 2014 when a male officer sexually assaulted Spilker inside of her own home and a second incident in 2015 when a different officer sexually assaulted her at a Halloween party. The complaint also details incidents where Spilker received unwanted sexual advances at the hands of Lincoln Police employees and personnel with Lincoln Fire and Rescue. It says she was also discriminated against for being a mother and engaging in relationships with colleagues that males in similar situations didn’t face.

The complaint details multiple times these assaults, and more, were brought to the attention of the leadership of the Lincoln Police Department. This was provided as another reason why the case shouldn’t be dismissed because the lack of action meets the elements of a hostile work environment.

The judge will take the decision under advisement in June following the defense filing additional paperwork and the city responding in the next few weeks.