Federal Lawsuit by Former Miami Police Chief Art Acevedo Against City Officials and Manager Cleared to Proceed

A federal judge has denied a motion to dismiss a lawsuit filed by former Miami Police Chief Art Acevedo against the city of Miami and several city officials. Filed over two years ago, the lawsuit alleges that Acevedo was fired for whistleblowing and refusing to follow personal agendas of Commissioners Joe Carollo, Manolo Reyes, Alex Díaz de la Portilla, and City Manager Art Noriega.

Key Findings
Judge’s Ruling:
U.S. District Judge Kathleen Williams denied the defendants’ motion to dismiss the complaint, allowing the lawsuit to move forward.

Immunity Denied:
The judge ruled that the defendants are not entitled to qualified or legislative immunity.

First Amendment Violation:
Acevedo’s lawsuit claims his firing violated his First Amendment rights and was illegal retaliation for speaking against corruption and abuse of power by the City of Miami Commission.

Next Steps
The case will proceed, with the judge expected to issue a written order soon. Acevedo seeks damages and relief for alleged wrongful termination and retaliation.

Background
Art Acevedo, former Miami Police Chief, filed a federal lawsuit accusing city officials of firing him for whistleblowing and exposing wrongdoing. The lawsuit names City Manager Arthur Noriega and Commissioners Joe Carollo, Alex Díaz de la Portilla, and Manolo Reyes. Acevedo, sworn in as Miami’s police chief in April 2021, alleges the commissioners interfered in police operations and investigations.

Whistleblower Protection:
Acevedo’s concerns about the commissioners were documented in a memo to Miami Mayor Francis Suarez, the State Attorney’s office, the FBI, and Noriega in September. This memo is considered a protected whistleblower letter under Florida law.

Suspension and Termination:
After the memo, multiple City Commission meetings scrutinized Acevedo’s actions. He was suspended by Noriega on October 11, and the City Commission unanimously voted to terminate him three days later, citing a vote of no confidence by the Fraternal Order of Police.

Reactions:
Noriega called the lawsuit an attempt to retaliate against accountability measures. Commissioner Manolo Reyes denied the allegations, expressing readiness to address the matter in court. Carollo and Díaz de la Portilla did not comment.

Acevedo’s Demands:
Acevedo seeks reinstatement, compensation for lost wages, benefits, and damages under the Whistle-Blower Act, as well as legal fees coverage.

Rock Star Police Chief’s Tenure Ends
Upon arrival in Miami, Acevedo was praised as a top police chief but soon faced conflicts. He lost the confidence of officers and executive staff after controversial incidents, including support for a Covid-19 vaccination mandate and a “Cuban Mafia” comment during roll call, which he later apologized for.

Acevedo’s attorney, John Byrne, claimed his suspension was a result of the memo accusing officials of wrongdoing. Noriega’s attorney, Stephanie Marchman, denied this, stating Acevedo failed to recognize internal issues.

Contentious Comments:
Acevedo’s comments and an 8-page memo detailing improper interference by city commissioners further strained relationships. Despite apologizing for his “Cuban Mafia” comment, the tension led to his suspension and termination.

Conclusion
The lawsuit by former Miami Police Chief Art Acevedo against Miami city officials will proceed, following the denial of a dismissal motion by U.S. District Judge Kathleen Williams. The case highlights significant allegations of whistleblower retaliation and misuse of power within the city’s governance.