
Butler County deputy Jasen Hatfield, who leads Fraternal Order of Police Lodge 101, has taken his own prosecutor to federal court, alleging a hit to his career for speaking his mind online. In a June 10 filing, Hatfield says Prosecutor Mike Gmoser retaliated after he publicly criticized how the office handled a separate officer’s case, arguing that his LinkedIn post was protected speech. The complaint claims that Gmoser’s formal rebuke and Hatfield’s placement on a newly formalized officer credibility list, often called a Brady list, cost him overtime, damaged his reputation, and chilled his work as a union leader.
LinkedIn Blast at Prosecutor Sparks Legal Firestorm
According to FOX19 NOW, Hatfield’s lawsuit centers on a LinkedIn post where he accused Gmoser’s staff of political bias and claimed the prosecutor had gone after “a good cop” in Middletown. After that post, the filing says, Gmoser sent a formal written rebuke to Sheriff Richard Jones and local police chiefs. The suit brings a federal First Amendment retaliation claim along with several state law counts, including tortious interference, false light, and libel, and it seeks compensatory and punitive damages plus attorney fees. Hatfield’s attorneys argue that the rebuke was left in his personnel file and that the prosecutor’s actions narrowed his work opportunities.
Prosecutor Creates Written Credibility List and Puts Hatfield On It
Local reporting earlier this spring shows that, after the LinkedIn dust-up, Gmoser shifted to a written roster of officers whose credibility he considered problematic, a move he tied to recent criminal cases out of Hamilton and Middletown, Journal-News reported. In a March 9 letter sent to law enforcement leaders across the county, Gmoser warned that Hatfield’s comments could undermine his usefulness as a witness and said that a formal credibility list was now required. Gmoser also resigned from the local police union to avoid what he described as potential conflicts, according to the Journal-News.
New Suit Reopens Old Feud Between Deputy and Prosecutor
The latest complaint is not the first time these two have squared off. Hatfield previously sued Gmoser in 2016 after an earlier letter from the prosecutor criticized him, and that case was later dismissed, FOX19 NOW reported. In this new round, Hatfield alleges that Gmoser put him on the official credibility list without any legitimate basis and that both the letter and the listing caused financial and reputational harm, including the loss of overtime. His lawyers argue that how one prosecutor handles a Brady-style list here could ripple out for officers who are called to testify about police conduct throughout the region.
Statewide Police Union Blasts Move, Locals Debate Brady Lists
The Fraternal Order of Police of Ohio has weighed in, criticizing the decision to list Hatfield and arguing that using Brady lists against union advocates twists a doctrine that is supposed to protect defendants, according to a statement from the state organization. The FOP of Ohio called for clear due process protections before any officer lands on a credibility list. Meanwhile, investigative reporting by WCPO’s I-Team has shown that the question of how prosecutors track officer credibility is a hot local topic, with offices across the region experimenting with different ways to handle Brady obligations. WCPO took a close look at those evolving procedures and what they could mean for criminal cases.
First Amendment Test Looms Over Case
The legal fight here is set against a familiar backdrop in public employee speech law. Courts generally ask whether an officer spoke as a private citizen on an issue of public concern or as part of the job, a distinction that often makes or breaks a First Amendment retaliation claim. As summarized by the Legal Information Institute, Cornell’s LII explains that if the speech is deemed protected, judges then weigh the employee’s interest in speaking against the government’s interest in running an effective, disruption-free office. That balancing test, applied to Hatfield’s LinkedIn post and Gmoser’s response, will likely decide how far this lawsuit gets.








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