Washington County will pay a former deputy $950,000 to settle her lawsuit claiming she faced retaliation at the sheriff’s office after accusing another deputy of ignoring a sexual assault allegation.
Deputy Melissa Canning said her “upward career trajectory” crashed after reporting the other deputy. She said she was disparaged at work, passed over for promotions and eventually placed on administrative leave.
The Washington County Board of Commissioners approved the settlement Tuesday night, less than a month before the case was set to go in front of a federal jury.
“While the county disagrees with the overall characterization of Ms. Canning’s experiences during her tenure, we wish her well in her future endeavors,” said county spokesperson Philip Bransford.
The settlement stipulated that it is not an admission of wrongdoing by the county. Canning nonetheless said the settlement showed the strength of her case.
“That the county decided it would rather pay $950,000 than have a public trial over its behavior towards me represents some accountability,” Canning said through her attorney.
Canning filed the lawsuit in 2023 in the U.S. District Court of Oregon.
Melissa Canning, seen in an undated photo, sued Washington County for retaliation after she reported a fellow deputy for dishonesty. The county will pay her $950,000 to settle the lawsuit.
Courtesy of Jose Klein
One of Canning’s retaliation claims had already drawn attention well before the settlement. The Washington County Sheriff’s Office had Canning criminally investigated for allegedly stealing food from a Mexican restaurant.
Canning put a “small plastic serving dish with bean dip” in her to-go container after eating dinner with other county workers, one of whom was her sergeant. The sergeant reported it days later to a lieutenant.
The criminal investigation resulted in no charges. It was conducted by a detective in the major crimes unit of the Beaverton Police Department, according to Canning’s attorney.
The plastic bowl – stylized like a mortar – cost $1.91. The investigation became known as “salsa-gate” within the department, according to court records.
Attorneys for Washington County said the sergeant reported Canning “out of an abundance of caution.” The sheriff’s office completed a separate, independent investigation that said Canning broke policies. She was given an oral reprimand.
Initial complaint
In court records, Canning traced her retaliation claims to a March 6, 2021, incident, when she and Deputy Brett Winders responded to a potentially suicidal man.
The response led Canning to drive the man to a nearby hospital. During the drive, Canning said, the man said he had recently been sexually assaulted at gunpoint. The man said he told Winders, too, prior to her arrival at the scene.
The next day, Canning reported to her supervisors that Winders had ignored the man’s allegation and didn’t include it in his report. She followed up by reporting it to internal affairs.
Internal investigators ultimately ruled the allegations unfounded.
After Canning learned about the investigations’ outcome in August 2021, according to court records, she relayed her allegations once more to a county undersheriff.
About the same time, Canning and Winders both applied to join the department’s Crisis Negotiation Unit. Winders was selected, Canning was not. Similarly, according to court records, Canning was denied a detective job.
In both instances, the county’s attorneys said, Canning’s test scores failed to qualify her.
Meanwhile, the allegations against Winders led the Washington County District Attorney to put him on the county’s Brady List, a roster of officers whom prosecutors deem a risk to call as witnesses in trial.
‘Salsa-gate’ to layoff
The sergeant’s allegation that Canning stole from a restaurant on Feb. 22, 2022, landed her on paid leave, court records show.
While on leave, Canning “raised allegations of improper behavior” by the sergeant. Canning did so under the advice of her union representative, the records show.
The allegations, according to court records, said Sgt. Robert Rookhuyzen improperly used equipment and made inappropriate and sexual comments at work. An internal investigation found Rookhuyzen broke policy.
Canning worked only a little bit longer after she returned to work June 2022.
Around the same time, court records show, Canning began consulting a physician about physical symptoms she was experiencing from the stress at work. She experienced “significant decline in her psychological wellbeing,” her attorneys said.
Canning began taking sick pay and seeking leave from work. In July, she sought to take unpaid leave under the Family and Medical Leave Act but the county denied it, her attorneys said in court records.
Klein, her attorney, said Canning was eventually able to get unpaid medical leave from the county at their discretion. About three months later, in January 2023, she was medically laid off.
After county leaders approved the settlement, Canning called the downturn of her career a painful experience.
“When I worked at the sheriff’s office, I was reminded over and over again about the core values of the organization: Do your best, do the right thing, and treat others how they want to be treated,” she said. “The Sheriff’s Office pushed me out of the organization because I would not compromise on those core values.”
