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Music books now for sale A massive lawsuit launched against the Durham police force alleges that members of the service improperly targeted an officer who raised concerns about a toxic work environment. In a recently filed statement of claim, Sgt. Nicole Whiteway is seeking more than $40 million in damages for herself and her children, claiming all have suffered as a result of actions by the Durham Regional Police Service (DRPS) and others associated with it. The lawsuit alleges a variety of wrongdoing, including "negligence, defamation, the abuse of non-criminal proceedings, misfeasance in public office, intentional infliction of nervous shock, breach of contract and abuse of judicial process." None of the allegations in the lawsuit have been proven in court. The lawsuit accuses the service of pursuing Police Act charges against Whiteway even though the administration knew the basis of a complaint against her was untrue. Whiteway alleges police brass offered to resolve the matter in her favour, in exchange for damaging information about another senior officer. Justin Villeneuve, a lawyer representing Whiteway, said while defendants have been served with the statement of claim, no responding statements of defence have yet been filed with the Superior Court. "We are in the early stages," Villeneuve said. "The defendants were served and we have a response, but no statement of defence (has been filed)." Villeneuve declined to comment further on the lawsuit. The Durham police service has also declined to comment. "We are aware of the claim, but don't comment on active litigation," said police spokesperson Chris Bovie. Named as defendants in the suit are the current and past police chiefs, a former deputy chief and several officers, as well as a lawyer who prosecutes disciplinary hearings on behalf of the service. The suit claims Whiteway's issues with the service began in 2016, when she made a complaint alleging she'd been harassed by a supervisor after seeking accommodations to care for her "medically fragile" infant child. Whiteway also alleged inappropriate behaviour in the workplace, including what she described as a senior officer using sexualized and lewd language. "Many of the allegations made by Whiteway were subsequently corroborated by others who made their own complaints. This forced the (Durham police) to pursue an internal investigation, which was a grossly inadequate and unprofessional endeavour," the statement of claim reads. Following the complaint Whiteway, then a 23-year veteran, received a poor performance review for the first-time ever, the claim alleges. Participating in the review was the officer against whom Whiteway had filed a complaint, the suit says. Whiteway alleges she responded by claiming the officer's participation in the evaluation amounted to a conflict of interest, an assertion she was pressured to recant under threat of being charged with insubordination. Whiteway eventually withdrew her allegation of a conflict of interest, the claim says. The suit says police brass "made it clear that it was not happy with the way Whiteway challenged its authority." Whiteway also alleges the service acted to "cover up" circumstances relating to her estranged husband, whom she accused of abusive behaviour (the man eventually pleaded guilty to charges arising from the relationship, the claim says). After one episode Durham police intercepted Whiteway's ex-partner and later claimed to have taken him to hospital for a psychiatric evaluation, the claim alleges. In fact he was never admitted to hospital and officers drove him there only so GPS data would indicate they had done so, Whiteway alleges. Whiteway claims disciplinary action was begun against her by the police service in 2018, after she went to her ex's home to retrieve items for her children. Although Whiteway sought legal advice before entering the residence and did so with the assistance of the landlord, she was informed by Durham police she was being investigated for committing a break and enter and that disciplinary action had been initiated, the claim alleges. Whiteway alleges she was approached by senior police brass who told her they knew allegations of criminality against her were baseless, and offered to drop the charges if she would provide damaging information about another senior officer. Months later an independent administrator appointed by the province to oversee some administrative functions at the Durham police service -- including internal discipline -- directed that the charges against Whiteway be dropped. An appeal of that ruling was dismissed by a divisional court. "(Durham police) confirmed several times that it did not believe Whiteway stole (property)," the claim states. But the service launched and appeal, seeking to rescind the order and "continue DRPS' unlawful prosecution of Whiteway," the suit claims. Whiteway's representatives have asked that any trial arising from the lawsuit occur in Ottawa. OFFICER FILES $40M LAWSUIT AGAINST DURHAM POLICE JEFF MITCHELL jmitchell@ durhamregion.com NEWS Durham police Sgt. Nicole Whiteway, right, with her mother, former Durham Deputy Chief Sherry Whiteway. Torstar file photo