The former communications director for John Kitzhaber, Nkenge Harmon Johnson, has filed a federal civil rights complaint against the former Oregon governor and his fiancé, Cylvia Hayes.
The lawsuit also names Oregon Department of Justice Criminal Justice Division agent James Williams and Kitzhaber’s former chief of staff, Mike Bonetto.
The lawsuit alleges Harmon Johnson and her husband, Erious Johnson Jr., have been retaliated against by all of the named defendants. Erious Johnson is the civil rights director for the state’s DOJ and was targeted for digital surveillance by Williams.
The case outlined in the lawsuit involves multiple government agencies over the course of several years.
In the Friday court filing, Harmon Johnson said she was fired by Kitzhaber's staff in July 2014 for speaking out about “myriad improprieties involving the Governor’s re-election campaign team and his official staff, including, but not limited to, directing or permitting political activities by public employees while on the job."
Harmon Johnson said she and other employees were directed by Bonetto and Kitzhaber to manage communications, appearances and events for Hayes that weren’t related to state business.
Hayes, according to Harmon Johnson, initiated her termination after Hayes “took umbrage” with comments made by Harmon Johnson about legal and ethical concerns related to scheduling appearances.
In November 2015, Harmon Johnson and the American Civil Liberties Union of Oregon went public with reports that Williams and others at the DOJ had carried out digital surveillance of Erious Johnson.
The so-called “threat assessment” by the DOJ gathered Twitter activity by Johnson, and centered on his use of the hashtag "#BlackLivesMatter." Williams and other DOJ officials expressed concern that a tweeted image of the rap group Public Enemy meant Johnson was threatening law enforcement.
An investigation into the incident determined that it was an isolated occurrence, and Oregon Attorney General Ellen Rosenblum apologized to Erious Johnson. Some employees at the DOJ criminal division had their placements restructured, but to date there have not been any punitive actions against Williams or the other employees.
"By targeting Plaintiff's husband for 'threat assessment,' Defendants retaliated against Plaintiff Harmon Johnson for her having spoken out about a matter of public concern," the lawsuit states.
Since the incident, Erious Johnson has also filed a civil rights complaint against the DOJ.
The lawsuit does not explain specifically why Williams would have targeted Erious Johnson on behalf of Kitzhaber's administration.
Harmon Johnson, now the president and CEO of the Urban League of Portland, is seeking compensatory damages, lost wages, punitive damages and attorney fees.
Copyright 2016 Oregon Public Broadcasting