Mumbower files suit

Former Dunkirk Police Chief Dane A. Mumbower has filed suit in U.S. District Court in Fort Wayne over his demotion to patrolman by Mayor Gene Ritter.

Mumbower’s two-count lawsuit against Ritter and the City of Dunkirk seeks reinstatement to his rank of captain, lost wages and other damages.

The lawsuit argues that Mumbower was removed as chief because of his perceived support for city councilman Jack Robbins, who is Ritter’s Democratic challenger in next week’s city election.

The demotion, the suit contends, was a violation of Mumbower’s First Amendment rights because it was based upon political affiliation. It also argues that Mumbower’s due process rights under the Fourteenth Amendment were also violated.

Under Indiana law and Dunkirk city ordinances, Ritter “had the authority to demote the chief of police at will, but only to the officer’s last rank,” the legal complaint says.

Instead of being demoted to captain, Mumbower was demoted to patrolman on Oct. 7. He had earned the merit rank of captain “in or around 2005,” the lawsuit states.

“Ritter called Mumbower into a meeting and said something to the effect of ‘I think it’s time to demote you’ and accused Mumbower of being too close to Ritter’s Democratic rival and his advisor,” the suit says.

The lawsuit argues that any demotion below merit rank requires a hearing before the city safety board.

“Everything I did I was within my rights to do as mayor,” Ritter said when contacted Tuesday. “I was not aware of a lawsuit. I haven’t been informed.”

The lawsuit was filed Oct. 24.