FLDS member files lawsuit over loss of police certification
This is an archived article that was published on sltrib.com in 2009, and information in the article may be outdated. It is provided only for personal research purposes and may not be reprinted.

A man who lost his job in a polygamous community alleges Arizona officials trampled his civil rights and defamed him when they revoked his police certification.

Preston Barlow, a member of the Fundamentalist Church of Jesus Christ of Latter Day Saints, filed the lawsuit Friday against Arizona Attorney General Terry Goddard, two special investigators and the state's police certification board.

Barlow, 30, alleges the state officials imposed a religious test on his service as a peace officer and misled him about the focus of an investigation that resulted in his certification being revoked in 2007.

The lawsuit also names special investigators John Malkiewicz and Ron Gibson and the Arizona Police Officer Standards and Training Board as defendants.

"This was a pretty clear case of religious discrimination and Preston feels it violated his constitutional rights," said Rod Parker, the Salt Lake City attorney representing Barlow.

The lawsuit, the first civil rights action filed by an FLDS member, seeks legal fees, lost wages, unspecified damages, reinstatement of Barlow's peace officer certification and retraction of statements he contends were defamatory.

Anne Hilbey, Goddard's press secretary, said the office had not yet been served with the lawsuit and could not comment.

Barlow worked as a paramedic and dispatcher before deciding to become a police officer in 2005. He completed police officer training that year and was one of six in his class of 31 students who received a "Director's List" commendation, the lawsuit states.

He was cross-certified in Arizona on March 2, 2006, and was hired that same day as a deputy for the Colorado City Town Marshal's Office. The town marshal's office also serves Hildale, Utah, which with Colorado City, is the homebase of the FLDS.

About three weeks later, Gibson and Malkiewicz conducted an unannounced interview of the force's officers in connection with complaints they had failed to protect property belonging to the United Effort Plan Trust, which holds virtually all property and buildings in the twin towns.

Barlow alleges that purpose was not disclosed during his interview and that investigators told him the meeting was "an inquiry into the police department. Nothing on you."

Barlow and other officers also were reassured the interviews "had nothing to do with the deputies' religion," the lawsuit states.

But Barlow was asked a series of questions about his faith, including who his religious leaders were and whether he knew the whereabouts of or had communicated with FLDS leader Warren S. Jeffs, then a fugitive.

He declined to answer most of those questions, telling the investigators he was not sure how they were relevant.

In fact, the interviews were part of an official investigation into whether the officers had failed to protect UEP property or engaged in malfeasance because their religious beliefs created a conflict of interest, the suit contends.

The investigators "not only failed to inform but intentionally misled" Barlow about that focus, the lawsuit states.

A transcript of the interview was later shared with Arizona's police certification board, which subsequently investigated whether Barlow had failed to protect UEP Trust assets and cooperate with the Attorney General's investigation. He was charged with one count of misconduct for failing to answer questions.

In an administrative hearing that followed, Barlow attributed his refusal to concerns about self-incrimination and his right to religious freedom, according to coverage by The Salt Lake Tribune.

Pressed during the hearing about whether he would arrest Jeffs if he found him, Barlow answered, "Yes."

He again was asked questions about his religious affiliation and beliefs, the lawsuit states, including whether he considered Doctrine and Covenants Section 134, verses 1 and 3, to be divine revelation. The verses, from a book that is part of the Mormon scripture canon, focus on the relationship between God and government and the need for officers to enforce good laws. Hypothetical questions also were posed to create a conflict between Barlow's beliefs and duties as a peace officer that could be used against him, the lawsuit states.

The administrative judge later ruled Barlow's failure to answer the investigators' questions constituted malfeasance that jeopardized the public trust. He was decertified in what the lawsuit describes as an "overall attack on a religious community." Barlow later resigned his Utah post.

The lawsuit says there was no evidence that Barlow had or would have shirked his duties as a law officer, including his willingness to locate a fugitive.

It also says Goddard, joined by Utah Attorney General Mark Shurtleff, distributed a letter in April 2008 that said six officers had been decertified for "failing to report numerous cases of abuse, in addition to committing crimes, including bigamy" -- all false statements in regards to Barlow.

Colorado City » Arizona officials, police certification board named
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