Former investigator files lawsuit against city, San Francisco District Attorney claiming he was fired as retaliation for whistleblowing

Kristen Sze Image
Saturday, December 8, 2018
Former investigator files lawsuit against city, SFDA claiming he was fired as retaliation for whistleblowing
A federal lawsuit has been filed against San Francisco and District Attorney George Gascon, claiming retaliation for whistleblowing.

SAN FRANCISCO (KGO) -- A federal lawsuit has been filed against San Francisco and District Attorney George Gascon, claiming retaliation for whistleblowing.

A 22-page lawsuit was filed by a former senior investigator, Henry McKenzie. He claims he was wrongfully fired by the D.A.'s office in October 2017 after taking part in a union meeting to discuss concerns about their boss.

McKenzie's suit says, "Defendant George Gascon, the District Attorney, had traveled on many occasions by plane while carrying a firearm in violation of federal law."

Peace officers who "fly while armed" are required to state their reason for doing so. The suit alleges Gascon is "not" an active peace officer as D.A. and therefore did not need to be armed, nor did he fill out the proper paperwork.

A few months after the union met to discuss this, and after a whistleblower sent a letter to the TSA, McKenzie was terminated.

The suit says the "defendants went further, sullying the plaintiff's reputation by accusing him of having BRADY issues in an effort to destroy his career."

Brady issues meaning McKenzie would be labeled "a liar" whose credibility would be questioned in cases he's involved in.

Gascon is not running for D.A. again. His term expires at the end of next year. His office did not want to comment Wednesday.

The TSA is also not commenting on whether it's investigating Gascon, as the suit alleges.

Meantime, McKenzie is seeking to have his job back with full pay back, along with damages for medical expenses and emotional distress.