Whistleblower case against Benewah County Sheriff's Office dismissed by Idaho Supreme Court

BOISE, Idaho (CBS2) — An appeal of a whistleblower case brought by Rodney Bryan Dickenson against the Benewah County Sheriff’s Office (BCSO), Benewah County Board of Commissioners and former Benewah County Sheriff David Resser was dismissed by the Idaho Supreme Court, according to court documents.

BCSO employed Dickenson from Jan. 1999 until Aug. 28, 2019. Dickenson’s most recent position with BCSO was as a patrol sergeant.

Dickenson met with Resser and Undersheriff Anthony Eells on May 3, 2019, to discuss, according to Resser, Dickenson’s belief that Eells was undermining Dickenson’s authority as a patrol sergeant. Dickenson said he wanted to consider a deputy’s improper use of a K-9 and a patrol officer’s report that did not match the officer’s video recording.

Before the meeting, Dickenson parked his patrol vehicle with an audio and video camera near the Sheriff’s Office to record his conversation with Resser and Eells. The camera records up to five-hundred feet from the patrol car.

Eels left the meeting at some point, and Resser asked Dickenson if he was recording the conversation. Dickenson replied, “Not with this,” and held up his cell phone or body camera. Dickenson continued to deny that he was recording this conversation.

Eels returned, and the three discussed the conflict between Eels and Dickenson. After Dickenson left, Resser told Eells he thought Dickenson had been recording the meeting. Later, Eells discovered the recording on the BCSO media file folder for deleted videos. Eells and Resser listened to the recording, and Dickenson was removed from his position.

BCSO told Dickenson his employment was terminated for violating law enforcement policy and ethics. Dickenson alleged this violated Idaho’s Whistleblower Act because his termination was for secretly recording meetings with Resser and Eells to document wrongdoing and the illegal activities of some deputies.

After unsuccessful attempts at administrative appeals, Dickenson filed a complaint in district court alleging wrongful termination from his employment as a sergeant in violation of Idaho Code sections 6-2101 through 2109, “because he communicated in good faith, with reasonable basis in fact, regarding a violation or suspected violation of the law.”

The County moved for summary judgment on Dickenson’s complaint, which the district court granted, concluding Dickenson could not show he was fired for engaging in a protected activity.

Dickenson appealed timely. The Idaho Supreme Court affirmed the district court’s decision, holding the record failed to reach the merits of Dickenson’s claim under the Whistleblower Act.

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