photo by: Mike Yoder

A former Lawrence police officer is suing the city, claiming that rough but consensual sex with another officer led to his arrest, to accusations of kidnapping and eventually to his resignation.

The lawsuit, which accuses Lawrence police officers of an illegal search and seizure, plus assault and defamation, could cost the city more than half a million dollars.

Alongside the city, nine police officers are listed as defendants in the lawsuit, which was filed Sept. 16 by William Burke, the former police officer.

Burke was arrested in February 2015 on suspicion of domestic battery, aggravated battery, aggravated assault, kidnapping and criminal threat. He was released from jail the next day after the Douglas County district attorney decided not to file criminal charges.

At the time the DA’s office said it did not believe there was sufficient evidence to warrant criminal charges.

After his arrest Burke was placed on administrative leave. He resigned in early March after a Lawrence police sergeant called his attorney and reportedly said that he would be given a favorable disposition regarding criminal charges if he were to resign, according to the lawsuit.

Now, Burke argues his arrest was conducted after fellow officers illegally searched his home, assaulted and defamed him.

As of Tuesday none of the defendants has responded to Burke’s claims.

Lawrence’s city attorney, Toni Wheeler, said that as of Tuesday morning the city had not yet been served with the lawsuit and that she was unfamiliar with the complaint.

Burke’s attorney did not immediately return a phone call seeking comment for this story.

In all, the lawsuit lists the City of Lawrence, John Pien, Amy Price, Randy Glidewell, Jana Shelton, Lance Flachsbarth, M.T. Brown, Jack Cross, Linda Durkes and an anonymous police officer.

The lawsuit is seeking $525,000 in compensation, claiming seven causes of action against the defendants:

• unlawful search warrant

• assault

• battery

• false imprisonment

• defamation

• trespass

• and trespass to chattel.

In the spring of 2015, Burke was in a relationship with a female Lawrence police officer, and the two reportedly engaged in rough but consensual sex, the lawsuit says.

The Lawrence Police Department does not have a policy addressing romantic relationships between officers or other employees.

In late February, the female officer spoke informally with a male officer about the nature of her relationship with Burke, the lawsuit says. During the conversation she described their sex life with regard to bruises on her body.

The male officer soon reported what he heard to a supervisor, saying he believed Burke was abusing the female officer.

The supervisor and a detective then interviewed the female officer for hours, the lawsuit says. Throughout the interrogation, the female officer “continued to insist that she was in a consensual relationship with Officer Burke and that the bruising was sustained during consensual rough sex.”

The next morning several Lawrence police officers searched Burke’s home and vehicle, seizing two cellphones, the lawsuit says. Two detectives also arrested Burke.

During the search and his arrest, Burke’s lawsuit argues, officers violated his civil rights under the Fourth and 14th Amendments, which guard against illegal searches and seizures and guarantee equal protection under the law.

During his arrest, Burke’s lawsuit says officers threatened him, touched him in an “unprivileged” manner, illegally held him against his will, spoke “false and defamatory words” that harmed his reputation, trespassed and deprived him of property for a “substantial period of time.”

Burke’s cellphones were returned in August, and in December the arrest was expunged from his record, the lawsuit says.

Neither Burke nor the female officer has a criminal record in Douglas County District Court.

The female officer is no longer employed with the Lawrence Police Department, said Assistant City Manager Diane Stoddard. Both she and Burke began working for the department in 2011.

In 2014, Burke grossed $56,797 in pay from the Lawrence Police Department, according to city salary data. The female officer grossed $52,153.

The lawsuit is requesting a trial by jury, though a trial date has not yet been scheduled.