THE VIRGINIAN-PILOT 
              Copyright (c) 1994, Landmark Communications, Inc.

DATE: Friday, July 29, 1994                  TAG: 9407290549
SECTION: LOCAL                    PAGE: B3   EDITION: FINAL 
SOURCE: BY JOSEPH P. COSCO, STAFF WRITER 
DATELINE: NORFOLK                            LENGTH: Medium:   51 lines

JUDGE ORDERS POLICE OFFICER REINSTATED WITH BACK PAY HE WAS FIRED AFTER HE CHARGED THAT HIS VA. BEACH SUPERIOR OBSTRUCTED JUSTICE.

Sharply criticizing the Virginia Beach Police Department brass, a federal judge on Thursday ordered the immediate reinstatement of a former officer who was fired after he charged his lieutenant with obstructing justice.

U.S. District Judge Raymond A. Jackson also ordered the city to pay $43,000 in back pay and benefits, plus reasonable attorney's fees, to the officer, Brendhan B. Harris.

On Monday, a jury found that Virginia Beach and seven city officials violated Harris' right to free speech and the city's own policy when the 29-year-old Harris was fired Aug. 19, after nearly six years on the force.

The jury awarded Harris $367,412 in damages, including $100 each in punitive damages against City Manager James K. Spore, Human Resources Director Fagan D. Stackhouse, Police Chief Charles Wall, Maj. Douglas McCloud, Capt. Milton E. Beane, Capt. Woodrow Baker and Lt. Gary Van Auken.

On Thursday, the judge affirmed the jury award except for the $700 against the individual defendants, which the judge said was improper.

Harris was fired after swearing out warrants against Van Auken for interfering in an arrest Harris made in August 1992. Van Auken and the department ordered Harris not to pursue charges against a woman who allegedly had assaulted the officer.

The judge prefaced his ruling Thursday with stinging criticism of the Police Department's handling of the case. Jackson said the actions of Harris' superiors undermined the rank and file's faith and trust in the department and were more detrimental to the department's order and discipline than Harris' acts.

Jackson ordered the department to clear Harris' record and reinstate him to the rank he would have attained had he not been fired.

The Virginia Beach Policeman's Benevolent Association praised the judge's ruling.

``The PBA regrets the actions taken by the Police Department and seeks reassurance that officers will not be subjected to this type of retaliation for exercising their constitutional rights,'' association President Bobby Mathieson said.

KEYWORDS: VIRGINIA BEACH POLICE DEPARTMENT

U.S. DISTRICT COURT

by CNB