ALBUQUERQUE, N.M. -- An Albuquerque police officer he was fired for what the department called racist and shocking comments on MySpace and Twitter.
Pete Dwyer has been under investigation since June. Albuquerque Police Department Chief Ray Schultz said crossed the line and made the entire department look bad. Dwyer’s lawyer is fighting back and said the city had no right to fire his client.
On Tuesday, Dwyer was fired for violating APD’s social media policy. Dwyer’s lawyer, John D’Amato, filed appeal shortly after to get the officer his job back.
“This city will get a lesson learned, they made a bad mistake with Pete Dwyer,†D’Amato said.
Investigators said they were enforcing the department’s policy in June when they stumbled upon Dwyer’s inappropriate comments on MySpace and Twitter. They said he posted a partial picture of a Swastika, talked about Muslims along with pistol whipping someone for using bad grammar.
“It’s unconstitutional and I cannot wait for a hearing on this. I cannot,†D’Amato said.
Dwyer’s attorney said the social media policy violates free speech, especially in Dwyer’s case because he never identified himself as a police officer when he put those comments on the Internet.
“No reasonable reader could view this is as, ‘Oh this is an Albuquerque Police Department,’†D’Amato said.
However, Schutlz said officers are held to a higher standard and the social media policy is essential to make sure the department isn’t represented in a bad light.
Dwyer is the first to lose his job under the policy. He appealed the chief’s decision, and there will be a hearing on the issue in the next few days.
Two other police officers were disciplined in the last year for posts on Facebook. Those comments preceded APD’s social media policy.
Pete Dwyer has been under investigation since June. Albuquerque Police Department Chief Ray Schultz said crossed the line and made the entire department look bad. Dwyer’s lawyer is fighting back and said the city had no right to fire his client.
On Tuesday, Dwyer was fired for violating APD’s social media policy. Dwyer’s lawyer, John D’Amato, filed appeal shortly after to get the officer his job back.
“This city will get a lesson learned, they made a bad mistake with Pete Dwyer,†D’Amato said.
Investigators said they were enforcing the department’s policy in June when they stumbled upon Dwyer’s inappropriate comments on MySpace and Twitter. They said he posted a partial picture of a Swastika, talked about Muslims along with pistol whipping someone for using bad grammar.
“It’s unconstitutional and I cannot wait for a hearing on this. I cannot,†D’Amato said.
Dwyer’s attorney said the social media policy violates free speech, especially in Dwyer’s case because he never identified himself as a police officer when he put those comments on the Internet.
“No reasonable reader could view this is as, ‘Oh this is an Albuquerque Police Department,’†D’Amato said.
However, Schutlz said officers are held to a higher standard and the social media policy is essential to make sure the department isn’t represented in a bad light.
Dwyer is the first to lose his job under the policy. He appealed the chief’s decision, and there will be a hearing on the issue in the next few days.
Two other police officers were disciplined in the last year for posts on Facebook. Those comments preceded APD’s social media policy.