Former New Orleans Police Superintendent Warren Riley, who was in line to become Mayor LaToya Cantrell’s director of public safety and homeland security until public outcry scuttled that plan, sued Cantrell and the city on Friday.
In the federal lawsuit, Riley cited breach of contract and is asking for $700,000 in damages.
City Hall declined to comment, citing the pending litigation.
Riley has previously said Cantrell’s decision to pull the offer was a “complete surprise.”
In announcing that she would not hire Riley, the mayor said she changed her mind after getting blow-back from those who said his oversight of investigations into police killings after Hurricane Katrina were too weak and should have disqualified him from the job.
Riley joined the NOPD in 1981 and was named superintendent in September 2005 in the dark days after Katrina. He retired in May 2010.
Since 2012, Riley worked with FEMA. He coordinated federal disaster responses and recovery operations, according to the lawsuit.
Cantrell contacted Riley in July 2017 during her campaign for mayor and “asked Mr. Riley if he would accept the position of homeland security director for the city of New Orleans if she were to win her campaign for mayor,” the lawsuit notes.
Riley, who was living in Georgia at the time, told Cantrell he would “consider such an offer if it was made.”
According to the lawsuit, Riley spent his own money to travel to New Orleans to meet with Cantrell after she was elected during a runoff with Desiree Charbonnet.
During the meeting with Cantrell, Riley said his minimum salary requirement was $180,000 a year for at least two years, with a pay raise at the start of his third year if his job performance was satisfactory.
“I can do that,” Cantrell told Riley, according to the lawsuit.
"Mr. Riley and Mayor-elect Cantrell shook hands and agreed to the terms of this employment offer,” the lawsuit notes.
A second interview happened through video conference on April 11, and Riley was was asked to come back to New Orleans for a final interview on April 16.
Riley “made arrangements, at his own expense, to attend the third interview in New Orleans … which included airfare that (Riley) paid for at his own expense,” the lawsuit notes.
Riley said he received and signed an offer letter on April 22. The next day, he claims, he got an email that confirmed Cantrell received the letter.
The lawsuit says that Riley resigned his position with FEMA on April 23. But things quickly soured, the lawsuit claims.
During an call in to a meeting on April 24, Riley “identified himself as the incoming director of the city of New Orleans public safety and homeland security,” according to the lawsuit.
“That same day … Mayor-elect Cantrell advised (Riley) that she would be publicly announcing his appointment as the director of the city of New Orleans public safety and homeland security ‘next week.’”
On April 25, Riley claims, Cantrell told him to be in New Orleans no later than May 2. On that morning, Riley joined members of the Cantrell administration for a meet-and-greet in the City Council chambers.
By late morning, Riley claims, Cantrell called him and met with him in an office behind the council chamber.
She told Riley his appointment had been “put on pause” and “instructed (Riley) not to attend the press conference that had been called for the purpose of announcing the members of the incoming administration’s public safety leadership team, including (Riley’s) position as director of public safety and homeland security.”
At that press conference, Cantrell would only say that Riley’s appointment had been, as she reportedly told him, put on “pause.”
The lawsuit notes that any concerns Cantrell had about Riley were addressed during his final interview “and certainly before the position had been offered to, and accepted by, Riley.”
In the lawsuit, Riley notes, he told Cantrell that he already made plans to leave Georgia to return to New Orleans.
“I’ll get back with you,” Cantrell reportedly said.
On May 6, Cantrell texted Riley to invite him to her inaugural ball, according to the lawsuit, set for the following night, after her inauguration.
“We’ll put this to bed this week,” Cantrell reportedly said in the text, referring to publicly announcing Riley as the director of homeland security.
Riley was called to Cantrell’s office on May 15 for what he thought was to be his swearing-in.
Instead, he claims, he was met by Cantrell and Bob Tucker, who worked on Cantrell’s transition team.
During that meeting, Riley claims, Cantrell told him “there are very powerful people who live Uptown that do not support you for the position,” according to the lawsuit. Cantrell said she would “take care of this situation on Friday (May 19).”
But the following day, after the meeting at City Hall, Cantrell called Riley to let him know he would not get the job.
“Chief, I can’t do it. I’m sorry. I will not be able to appoint you,” Cantrell told Riley, according to the lawsuit. “I will have to make you whole. I am sorry.”
“Mayor Cantrell hung up the telephone without saying another word,” the lawsuit reads.
Cantrell issued a press release 10 minutes after that call that announced Riley would not fill the position.
Riley’s lawsuit claims that he has not been able to get a job since then with the salary he would have earned working for the city or that he had working for FEMA.
Riley also claims he “has and continues to incur damages, including but not limited to lost earnings, lost employment benefits, lost retirement benefits, travel expenses, embarrassment and humiliation, legal fees, and costs and other damages that shall be proven at the trial on the merits of this action.”
In addition to the $700,000 in damages Riley is seeking, he is also asking for attorney’s fees.
The case has been assigned to U.S. District Judge Jay Zainey.
Riley is being represented by D. Douglas Howard Jr. and Jonathan C. Pedersen.
Danny Monteverde can be reached at danny@wwltv.com.