The Broward Sheriff's Office has opted to settle a long-simmering lawsuit with a deputy in its employ.

The agency reached a $390,000 settlement with Jeffrey Kogan in Broward Circuit Court on Monday. Kogan, a patrol officer who's been employed by the BSO for nearly two decades, filed suit against his employer in 2013 for allegedly retaliating against him. According to Kogan's attorney, Fort Lauderdale litigator Tonja Haddad Coleman, the conflict between the two parties began during a homicide investigation in April 2013.

“There was homicide suspect by the name of Walter Hart, and BSO Detective Kogan was the lead detective on the case,” Coleman said.

Kogan had traced the homicide suspect to a Fort Lauderdale residence and called the Fort Lauderdale Police Department for backup.

Although Fort Lauderdale officers helped to successfully capture Hart, Kogan was alarmed with the manner in which the suspect was treated after capture, according to court pleadings.

Kogan's lawsuit alleges a canine was deployed against the suspect despite “not resisting officers or being combative in any way.”

Kogan subsequently voiced his concerns about the incident to his superiors and testified about what he'd witnessed. Shortly after doing so, the detective was notified in June 2013 he'd been transferred to Pompano Beach Road Patrol, a position he's held since.

In addition to the pay cut and loss of rank, Kogan's application for the position of Sergeant was also denied. Coleman stated her client “was retaliated against for participating in the case” against the Fort Lauderdale Police officer. She added that Kogan's then-superior, recently ousted Broward County Sheriff Scott Israel, spent 25 years with the Fort Lauderdale Police Department before transferring to Broward. Many of Israel's colleagues made the switch to Broward with him.

“[Kogan] spoke out against a cop, which is never popular, but he also spoke out against a cop that was BSO's former agency for lack of a better word,” Coleman said.

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The Broward Sheriff's Office communication staff did not respond to requests for comment by deadline.

But in court pleadings, the agency moved to dismiss the lawsuit. It contended the compensatory damages sought by Kogan were outside the scope of relief offered by Florida's Whistleblower Act. It denied the charges, maintaining Kogan's transfer was made in good faith. It also asserted it was Kogan's actions — rather than the reporting of it — that made the BSO question his readiness for a sergeant position.

The defendant's answer and affirmative defenses also alleged Kogan failed to report his concerns for 33 days following the night in question — rather than in the event information form that was produced shortly afterwards.

A verdict was reached in Kogan's favor in March 2015. However, after it was discovered a jury member's son had been previously arrested for drunk driving, the BSO successfully appealed to the Fourth District Court of Appeal for a new trial.

Following the appellate court's January 2017 order, the case had been scheduled to go to trial March 4. However, the pre-trial mediation between the two parties ultimately proved fruitful. Coleman attributes the outcome of the talks in part to the change in personnel at the Sheriff's Office, following Israel's forced removal from the BSO by Gov. Ron DeSantis.

“We were grateful the new command was considerate and professional,” Coleman said. “We were very, very happy the Sheriff's Office wanted to put this behind them and let everyone move forward in a positive manner.”

The settlement awards $100,00 in backpay to Kogan as well as $290,000 in attorney fees. Coleman said her client will remain in his patrol officer position, as he's nearing retirement and described the outcome as a “happy win.”

“[Kogan] performs his job with distinction; there's nothing in his record that's negative,” she said. “It's nice to see the command want to do right by Jeff, because he is an asset as a BSO deputy. … He's hopeful the new command won't hold this against him and his career can still flourish.”

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