(This article was updated to correct a typo.)
The Vero Beach police lieutenant whose whistleblower lawsuit against the city was dismissed June 3 is considering appealing the judge’s decision.
Lt. Daniel Cook, a 35-year veteran of the Vero Beach Police Department, filed a lawsuit in November 2024, claiming he was punished for speaking out against what he said was a hostile work environment in the Police Department and seeking more than $75,000 in damages.
Circuit Court Cynthia Cox dismissed the lawsuit, saying Cook failed to provide evidence showing he was retaliated against.
While city officals lauded the decision, Cook’s attorney Jessica Travis disagreed.
“Cook reported misconduct by his superiors and was disciplined within weeks of doing so. We believe the evidence supporting his whistleblower claim was not fully addressed by the court,” Travis said in a text.
Travis is preparing a motion requesting a rehearing, and, if needed, an appeal.
“Florida’s Whistleblower Act exists precisely to protect public employees like Lt. Cook who have the courage to report wrongdoing, and that protection must mean something,” Travis said.
For their part, though, city officials praised the judge’s decision.
“This has taken a lot of time and energy from the city’s part,” City Manager Monte Falls said. “We are very pleased with the judge’s decision. We agree with it. It’s the outcome that we had hoped for, and we feel vindicated.
“All along, we felt we were in the right, and this affirms that,” Falls said.
Cook said he was punished for speaking up about misconduct, management issues and treatment of coworkers.
In his lawsuit, Cook said he unfairly received a “needs improvement” in the area of dependability in his 2024 performance evaluation. Cox said the evidence also showed Cook had failed to follow through on his goal of providing a recruitment plan.
“No disciplinary measures or ‘adverse’ personnel actions were taken against Cook; this was simply his annual performance evaluation,” Cox wrote in her decision.
Similarly, according to the judge, a written reprimand and one-shift suspension were personnel actions taken because of Cook’s conduct — the suspension for circulating materials that included his personnel evaluation and a memo from a department employee and the reprimand for accusing the deputy chief of lying during his performance evaluation.
Cook presented no evidence the deputy chief had any ill will against him that would motivate any retaliatory conduct or that he was acting as a “stalking horse” for Police Chief David Currey, the judge wrote.
Colleen Wixon is the Indian River County reporter for TCPalm and Treasure Coast Newspapers.
This article originally appeared on Treasure Coast Newspapers: Florida cop may appeal court ruling after whistleblower case is tossed
Reporting by Colleen Wixon, Treasure Coast Newspapers / Treasure Coast Newspapers
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By Colleen Wixon, Treasure Coast Newspapers | USA TODAY Network
