Marina >> The CSU Monterey Bay police officer facing termination for not using force on a suicidal student has filed a lawsuit against the university for allegedly building a case for his termination.

“There is a pattern with the administration on campus, which is trying to build a case that just isn’t there,” said Jeff Solomon, the president of the Statewide University Police Association.

Officer Thanh Nguyen was given a notice of termination in December following months of investigation after he declined to use a stun gun on a suicidal student. Nguyen claims university officials added allegations to his record — without notifying him — of an illegal car stop and improperly carrying his weapon, which is a violation of Nguyen’s rights as an officer, according to Solomon.

Nguyen is seeking up to $50,000 in damages plus attorney’s fees. He will pursue the case regardless of whether or not he is terminated.

As for his job with CSUMB, on Friday, Nguyen will present his case in a hearing before Fresno State Police Chief David Huerta, who will ultimately decide whether he is terminated. Solomon said it would take a couple of weeks before Nguyen learns his fate.

In the past, Nguyen’s attorney, Kathleen Mastagni, said Nguyen would appeal the decision if he is terminated. She was not immediately available for comment Wednesday afternoon.

The initial complaint against Nguyen was filed by two Marina police officers who assisted him in responding to the attempted suicide of a student. The officers said Nguyen froze and should have done more to assist them in the incident.

Solomon said the Marina officers deployed their Tasers multiple times, while Nguyen chose to use verbal commands to help subdue the student.

The lawsuit was filed Jan. 30 in Monterey County Superior Court, with an initial hearing scheduled for May 5. Nguyen is seeking to have adverse comments removed from his personnel file.

The university did not immediately respond to an email for comment.

Ana Ceballos can be reached at 726-4377.