Family members of late Fremont Police Capt. Fred Bobbitt on Monday filed a wrongful death suit in the Alameda County Superior Court against the city of Fremont for allegedly contributing to Bobbitt's death, an attorney for the family said.
The family alleges that retaliation and other actions or inaction by city officials caused Bobbitt emotional distress, which played a significant role in his suicide, the complaint alleges.
Bobbitt died at the age of 54 on Feb. 21 of this year. He lived in San Joaquin County.
Bobbitt allegedly faced retaliation from then-Fremont City Manager Mark Danaj and then-Fremont Police Chief Kimberly Petersen.
The alleged retaliation began in 2019 after Bobbitt corrected Danaj twice during a closed meeting with the City Council and for apparently "derailing" a city management decision to hold firm in negotiations with the police union over addressing vacancies in the patrol division.
The following year, at the bequest of Danaj, Petersen told Bobbitt he needed to produce a plan to retire early from the department, the complaint said. A month later, the city attorney gave Bobbitt a separation agreement.
According to court documents, Bobbitt rejected the agreement. After that he was subsequently removed from his role as patrol division leader, reassigned to an administrative post and put on a year-long performance improvement plan, according to the complaint.
By this time Petersen was preparing to step down as chief. The claim alleges that by placing Bobbitt on an "improvement plan" it meant that Bobbitt may have no chance of becoming chief himself.
City officials continued their retaliation against him, the family alleges.
Bobbitt filed a complaint in March 2021 with the California Department of Fair Employment and Housing alleging discrimination and retaliation by the city, according to the complaint.
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Almost immediately after he filed the complaint, Danaj announced a decision to appoint the less-experienced Capt. Sean Washington to the chief's post. Bobbitt had mentored Washington, according to the claim. Washington became chief in October of 2021.
Bobbitt later learned that Washington "betrayed" him by allegedly agreeing to the improvement plan. Washington also allegedly agreed to the reassignment plan, and defended it, "in exchange for being named the new chief," according to the complaint.
In May of 2021, Bobbitt filed a claim with the city, alleging "ongoing retaliation" and other violations.
A claim in support of Bobbitt filed by the police union alleging retaliation was arbitrated in August of 2021. Two months later, the arbitrator issued her opinion and an award finding "clear and convincing evidence" that Danaj and Petersen "violated the City's anti-retaliation policy."
The arbitrator's award sought to have the city rescind Bobbitt's improvement plan, place him again at the head of the patrol division and expunge adverse comments from his personnel file.
But Bobbitt's family alleges that city officials ignored the arbitrator's decision.
Less than a month before his death, the city of Fremont declined to go to mediation over Bobbitt's May 2021 claim of ongoing retaliation. Then the city announced it would conduct a national search for a deputy police chief.
"The way he was treated by city officials was the ultimate betrayal," said attorney John Scott, who is filing the suit on behalf of the Bobbitt family.
Family members said Fred Bobbitt was a role model as well as a principled and family-oriented man.
City officials knew Bobbitt was seeking mental health treatment because of the alleged retaliation, the complaint said. Bobbitt had a conversation with Washington on the weekend of Feb. 19-20, according to complaint, and then took his own life one day later.
"The world lost a little bit of life that day," Bobbitt's wife Annabel said at a news conference Tuesday.
"The last eight months have been extremely difficult, as we continue to grieve the tragic loss of Police Captain Freddie Bobbitt," a statement from the city said. "Fred 'Freddie' Bobbitt was a beloved husband, son, father, brother, grandfather, colleague, and friend."
The city has not been served with the suit, but it is aware it is forthcoming, city officials said Monday.
"The Bobbitt family has our deepest sympathy during this difficult time," city officials said.
Because of the litigation, city officials are not commenting further, they said Tuesday.
The family is seeking an unspecified amount economic damages as well as noneconomic damages.
An attempt to reach both Danaj and Petersen for comment were unsuccessful.
