Police Officer Darla Abbatiello is poised to receive $980,000 in damages from the county, three sources close to the case confirmed yesterday. The figure was reached by attorneys on both sides earlier this month. County Council was faced with whether
Police Officer Darla Abbatiello is poised to receive $980,000 in damages from the county, three sources close to the case confirmed yesterday.
The figure was reached by attorneys on both sides earlier this month.
County Council was faced with whether to approve the amount during its Wednesday meeting during executive session, but kept the discussion behind closed doors.
“The public is ultimately paying, so if there is any kind of settlement, in order to have integrity, the people paying for it should have a transparent process,” said Councilmember Shaylene Carvalho, who was in the minority by voting with Mel Rapozo to keep the discussion open.
Though federal court records show the case settled weeks prior to Wednesday’s meeting, the stipulation to resume mediation or go to trial remained had county leaders balked at settling and opted to pursue the matter further in court.
Pending since September 2004, Abbatiello’s case began following a 2003 allegation made by an alleged drug dealer that former Sgt. Irvil Kapua was selling protection from prosecution.
Though that allegation was never tried in court, Abbatiello’s supervisors at the time did give depositions within the suit backing up statements that Kapua had on several occasions dissuaded Abbatiello from pursuing drug dealers he claimed weren’t “big fish” — one of whom was convicted on charges related to dealing roughly $500,000 worth of methamphetamine.
The suit also alleges Kapua threatened Abbatiello, including using “c” and “f” words when referring to her, as well as saying them in the presence of several witnesses at a restaurant, court documents state.
After the stress of harassment made her physically ill and incapacitated, Abbatiello was moved to another section of the force.
But with that move came a pay cut.
As a result, Abbatiello claimed her civil rights and the protection offered within the Whistleblower’s Protection Act were violated.
With her near-$1 million settlement dies another negative turn of events to have besmirched Kaua‘i police in recent years, as the department moves ahead without many of the players listed as defendants: former Police Chief K.C. Lum, retired Acting Police Chief Willie Ihu and former Sgt.. Irvil Kapua.
Kapua retired Oct. 1, the same day that both a new police chief took office and Abbatiello’s settlement terms were filed with federal court.
A status conference on the settlement is set to follow County Council’s official finalization approving the amount at 9:30 a.m. Monday before U.S. Judge Barry M. Kurren in Honolulu federal court.
