Flier contained picture of Fresno officer lying under a bull statue.
By Doug Hoagland / The Fresno Bee
(Updated Friday, April 8, 2005, 9:38 AM)
Fresno Police officer Diana Dyer has filed a defamation lawsuit against a former Fresno officer who allegedly sent city leaders and others a captioned photograph of Dyer lying under a large bull statue in Manhattan.
Dyer never intended for people who got a copy of the photo to see it, the lawsuit states. The statue is life-size and the rear of the anatomically correct bull is prominently displayed in the photo.
Dyer is suing former officer Elyse Zavala and alleges in the lawsuit that Zavala sent the photo with a false and inaccurate caption that incorrectly portrayed Dyer and other women "as having to perform certain acts to advance in their careers."
Dyer, sister of Chief Jerry Dyer, filed her lawsuit in January in Fresno County Superior Court. The lawsuit includes an allegation that Zavala invaded Dyer's privacy.
Zavala was fired last year from the Fresno Police Department. An Order of Termination cites her for alleged violations of law and police policy in connection with copies of the photo and caption being sent out. Zavala said of the lawsuit: "I think it's a waste of the court's time." In a court document she said, "Plaintiff's allegations are false."
However, Zavala acknowledged to police investigators that she sent probably more than 100 copies of the photo and caption, according to an internal police document she gave The Bee. She told investigators she never intended to persecute anyone but she wanted to make people question what goes on in the Police Department.
Diana Dyer did not return a phone call seeking comment, and her attorney, Joel M. Murillo of Fowler, said he advised her not to say anything.
Her lawsuit states that Zavala's alleged actions were "willful, wanton, malicious and oppressive."
The Bee tried to reach Jerry Dyer for comment, but Deputy Chief Sharon Shaffer responded for the department, saying the issue is a personnel matter and she would not comment.
Diana Dyer's lawsuit does not mention the bull or her position under it. However, Murillo was shown a photo of Dyer lying partially on her back with outstretched arms near the bull's anatomy and he confirmed it is the picture referred to in the lawsuit. "I'm informed and believe it is [the photo]," Murillo said.
He gave a similar affirmative answer when asked whether the caption referred to in the lawsuit reads in part: "Officer Diane [sic] Dyer, demonstrates the FPD requirements for female officers to enjoy a successful career as one of 'Fresno's Finest.'"
Diana Dyer and Zavala went to New York City in March 2002 to march in the St. Patrick's Day Parade along with several hundred public safety personnel from Fresno County. During the parade, the two women got into a conflict, though Dyer's attorney and Zavala give different details about the incident.
While on the trip, Diana Dyer posed in street clothes under the bull, said attorney Murillo: "Other tourists were doing the same thing. She just got caught up in the momentum of the moment." The bull appears to be the 7,000-pound bronze statue that is commonly called the Charging Bull or Wall Street Bull and is a tourist attraction.
The lawsuit alleges that Zavala took Dyer's film and "converted it [to] her own use." Zavala told police investigators she lost a roll of film on the trip and then found a roll under her seat on a bus in New York, according to a document provided by Zavala.
Nearly two years later, in December 2003, a sergeant in the Police Department's Internal Affairs unit received an envelope with a flier from a person identified as a "Secret Santa," according to a police document provided by Zavala. The flier included the photo and caption.
Murillo said the flier was sent to members of the Police Department and city government: "People who would view the picture in an unfavorable light."
Diana Dyer became "the object of ridicule," according to the lawsuit.
Jerry Dyer told Internal Affairs to investigate the matter, and Zavala became a suspect, in part, because of "an argument" with Diana Dyer during the New York trip, according to police documents.
Zavala was sent the Order of Termination in July 2004, and it states that the reasons for her being fired include "conduct unbecoming an officer or employee of the city." The order also states that Zavala allegedly violated several provisions of the Fresno Police Manual and allegedly committed two criminal acts: using city of Fresno embossed envelopes to mail some of the fliers and keeping someone else's photos for personal use.
Furthermore, the order states: "You embarrassed and criticized a member of the Fresno Police Department, who was not in Department uniform or representing the Department at the time the photograph was taken."
Zavala told police investigators she also sent out the photos because of sexual harassment and gender discrimination she says she suffered in the department. A document shows that Zavala filed a workers' compensation claim in March 2003 over alleged job stress, sexual harassment, discrimination and a hostile work environment. She told The Bee a male officer's misconduct led to her filing the claim, and that the case remains unsettled.
James C. Sanchez, chief assistant city attorney, said, "There was a claim filed and the claim is still in process at this point."
Zavala was named Police Officer of the Year at the Police Officers and Firefighters First Annual Ball in 2000.
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