Former Fort Smith Police Department Sgt. Don Paul Bales of Arkansas has filed a lawsuit to get his job back after he exposed an undercover officer’s sex acts with a prostitute.
As reported by KFSM, on Monday a lawsuit was filed in Sebastian County Circuit Court which explained the events of April of 2014 when Bales received a picture of an affidavit that showed misconduct perpetrated by an undercover officer with the Street Crimes Unit.
Bales turned over the photo of the affidavit to his lawyer and reported the conduct of his fellow officer to his superiors. Although Bales asserted his communication with his lawyer was protected by attorney-client privilege, Fort Smith Police Department Chief Kevin Lindsey determined Bales violated department policy by showing his lawyer the name of the undercover officer on the affidavit. A copy of the affidavit was later published on the lawyer’s blog with the undercover officer’s identity redacted.
According to the affidavit, the undercover officer — who was identified simply as “J.B.” — used Backpage.com to meet a suspected prostitute. The two agreed to a rate of $150 an hour for her services and arranged to meet at the Season’s Inn motel in Fort Smith. It also states the officer took off his clothes and allowed the woman to perform sex acts on him.
Afterwards, the officer arrested the woman on suspicion of misdemeanor prostitution stating he felt it was necessary to undress himself and engage in sex acts “because he believed that such action was necessary to gather the proof needed to convict the person for violating the prostitution statute.”
Bales was fired for violating eight rules, including giving false testimony, revealing confidential information, not being truthful, releasing a confidential report and not respecting his superiors. He was also accused of revealing police tactics, arguing it is not generally known officers were allowed to get naked.
The undercover officer was found to have acted in accordance with department policy when he took off his clothes and allowed the woman to perform acts of sex on him before arresting her. Bales’ firing has been upheld twice by the Fort Smith Civil Service Commission.