A gay police captain on Dec. 31 filed a lawsuit in federal court accusing the D.C. Metropolitan Police Department of illegally demoting him and subjecting him to harassment and retaliation for taking parental leave to care for his newborn son.

The 16-page lawsuit filed by Capt. Paul Hrebenak charges that police officials violated the U.S. Family and Medical Leave Act, a similar D.C. family leave law, and the U.S. Constitution’s Equal Protection Clause by refusing to allow him to return to his position as director of the department’s School Safety Division upon his return from parental leave.

The lawsuit states that he received full permission to take parental leave from his supervisor. Hrebenak’s attorney, Scott Lempert, with the D.C.-based legal group Center for Employment Justice, said Hrebenak’s transfer to another police division against his wishes, which was a far less desirable job, was the equivalent of a demotion, even though it has the same pay grade as his earlier job.

D.C. police spokesperson Thomas Lynch said police will have no comment at this time on the lawsuit. He pointed to a longstanding D.C. police policy of not commenting on pending litigation.

Casey Simmons, a spokesperson for the Office of the D.C. Attorney General, which represents and defends D.C. government agencies against lawsuits, said the Attorney General’s Office also does not comment on ongoing litigation. “So, no comment from us at this time,” she told the Blade. 

Hrebenak’s lawsuit, filed in U.S. District Court for the District of Columbia, states that “straight” police officers have routinely taken similar family and parental leave to care for newborn children and have not been subjected to the unfair and illegal treatment to which it claims Hrebenak was subjected.

The lawsuit states that Hrebenak has served with distinction as an officer and later as captain since he first joined the force in July 2007. It says after receiving “outstanding reviews and promotions” he was promoted to captain in November 2020 and assigned to the School Safety Division in September 2022.

According to the lawsuit, the School Safety Division assignment allowed him to work a day shift, a needed shift for his recognized disability of Crohn’s Disease, which the lawsuit says is exacerbated by working late hours at night.

The lawsuit points out that Hrebenak disclosed he had Crohn’s Disease at the time he applied for his police job, and it was determined he could carry out his duties as an officer despite this ailment, which was listed as a disability.  

“When my husband and I decided to have a child, and I used my allotted D.C. Paid Family Leave and Federal Family Leave, I was punished and removed from a preferred and sought after position as Director of the School Safety Division,” Hrebenak told the Washington Blade in a statement.

“My hope is by filing this lawsuit I can hold MPD and the D.C. Government accountable,” he wrote. “I am the first gay male D.C. Police manager (Captain or Lieutenant) to take advantage of this benefit to welcome a child into the world,” he states, adding, “I want to take this action also so that fellow officers can enjoy their families without the fear of being unfairly treated.”

The lawsuit states that in addition to not being allowed to return to his job as director of the School Safety Division upon his return from leave, “he was also required to work the undesirable midnight shift, as a Watch Commander, requiring him to work from 8:00 p.m. to 4:30 a.m.”

Watch Commander positions are typically given to lieutenants or newly promoted captains, the lawsuit says, and not to more senior captains like Hrebenak.

“Plaintiff’s removal as Director of MPD’s School Safety Division was a targeted, premeditated punishment for taking statutorily protected leave as a gay man,” the lawsuit concludes. “There was no operational need by MPD to remove Plaintiff as Director of MPD’s School Safety Division, a position in which plaintiff very successfully served for years.”

The lawsuit identifies the police official who refused to allow Hrebenak to resume his job as director of the School Safety Division and reassigned him to the less desirable position on the midnight shift as Deputy Chief Andre Wright.

The Blade couldn’t immediately determine whether D.C. Police Chief Pamela Smith, who has expressed strong support for the LGBTQ community and for LGBTQ people working on the police force, would have supported Wright’s actions toward Hrebenak.

The lawsuit adds that Hrebenak’s transfer out of his earlier job to the night shift position “was humiliating and viewed as punishment and a demotion by Plaintiff and his co-workers.”

The lawsuit, which requests a trial by jury, says, “Defendant’s actions were willful and in bad faith, causing Plaintiff to suffer lost wages and benefits, and severe physical, mental, and emotional anguish.”

It calls for his reinstatement as director of the Division of School Safety or assignment to a similar position and $4.3 million in compensatory and punitive damages, including interest, attorney’s fees, and court related costs.    

Lempert, Hrebenak’s attorney, said it was too soon to determine whether U.S. District Court Judge Randolph D. Moss, who is presiding over the case, will require the two parties to enter negotiations to reach an out-of-court settlement.

In past cases in which LGBTQ people have filed lawsuits against D.C. government agencies on grounds of discrimination or improper treatment, local LGBTQ activists have called on the D.C. government to reach a fair and reasonable settlement to address the concerns raised by those filing the lawsuits.

Richard Rosendall, former president of the D.C. Gay and Lesbian Activists Alliance, said he believes the city is “in the wrong” on this case and should agree to a settlement if the judge calls for settlement negotiations.

“If anyone should be demoted, it is whoever decided to punish Captain Hrebenak for exercising his parental rights,” Rosendall told the Blade. “Equal protection means nothing if it is subject to arbitrary suspension at a supervisor’s whim,” he said.

“Additionally, the rule of law is undermined when those sworn to enforce it act as if they are a law unto themselves,” Rosendall said.

A D.C. Superior Court judge on Jan. 10 sentenced a 16-year-old male to a year of probation after he pleaded guilty to a single charge of simple assault related to the Oct. 27 incident in which police said as many as 15 people attacked a gay man at the D.C. McDonald’s restaurant at 14th and U Streets, N.W., with some of the attackers shouting anti-gay slurs.

The Washington Post published an exclusive report of the sentencing after its reporter was allowed to attend a juvenile court hearing that is closed to the public and the press on the condition that the Post would not disclose the name of the juvenile.

The Post story says prosecutors at the court hearing said that a week after the attack, the juvenile, accompanied by his mother, met with D.C. police, admitted to being a part of the attack, and was arrested. “The youth said he was intoxicated at the time and did not remember many of his actions,” the Post reports.

The victim in the case, Sebastian Thomas Robles Lascarro, 22, told police and the Washington Blade through a statement from his husband, Stuart West, that the attack began inside the McDonald’s about 1 a.m. when one of the attackers, a woman, criticized him for not saying “excuse me” when he walked past her inside the crowded restaurant.

When he walked away from the woman as many as 10 or more people started to assault Lascarro, according Lascarro’s account relayed by West. “And so, they started punching him all over his face and body, and it eventually moved to the outside of the McDonald’s on the D.C. sidewalk, where more people got involved and started hitting him and assaulting him,” West said.

Lascarro was taken by ambulance to Howard University Hospital, where he was treated and released the next day recovering from multiple bruises and cuts on his face, head and body, his husband said. Police listed the incident as a suspected hate crime.

No immediate arrests were made, but police released to the public and the media photos of seven suspects obtained from video surveillance cameras at McDonald’s, all of whom appeared to be juveniles. In a Nov. 6 statement, police announced they arrested one day earlier a 16-year-old juvenile male in connection with the attack on a charge of Assault With Significant Bodily Injury.

The Post story reports that during the Jan. 11 hearing D.C. prosecutor Gabrielle LoGaglio played two security videos that captured the outdoor part of the Oct. 27 attack against Lascarro at the McDonald’s. “The youth charged in the attack was clearly identifiable because he was wielding a tiki torch-like pole and was seen striking Lascarro on the head with it, she said,” the Post story reports.

The story reports that through an arrangement with prosecutors, the juvenile pleaded guilty to a single count of simple assault. It says while standing next to his court appointed attorney, the juvenile repeatedly apologized to Lascarro, who was watching the hearing through a video hookup.

“From the bottom of my heart, I want to say I am sorry to the victim and his family,” the Post quoted him as saying. “I was not raised by my mother to behave like that,” the Post quote continues. “I am sorry. I am not a criminal. I have shown people love and respect and kindness. I am sorry for the emotional and physical damage I have caused.”

The Post story also quoted from a statement that Lascarro submitted to the court and which prosecutors read. West, Lascarro’s husband, sent a copy of the statement to the Blade.

Lascarro says in his statement that he moved to D.C. from his home country of Colombia in 2023 after marrying his husband because D.C. “felt so open and welcoming to people like me — gay and proud.” He added, “Here, I felt safe to be myself, to dress how I wanted, wear makeup, and just live my life” as he could not feel safe doing in his home country.

“After the attack, everything changed,” he says in his statement. “I don’t feel safe anymore. I don’t feel like I can be myself without looking over my shoulder,” the statement continues. “It’s hard to put into words how this has hurt me mentally. The bruises are gone now, but the fear and trauma are still with me every day.”

The Post reports that prosecutors said they agreed to a sentence of one year’s probation because the juvenile had no prior arrests. At the request of prosecutors, Judge Charles J. Willoughby Jr. agreed to include in the sentencing that the juvenile be placed on GPS monitoring and be “ordered to attend school regularly and take random drug and alcohol tests as needed.”

According to the Post, Judge Willoughby described the attack against Lascarro as “vicious and unprovoked,” and told the juvenile “you need to stay away from those other juveniles” who joined him in the attack on Lascarro.

The sentencing in D.C. federal court for Ruby Corado, the founder and executive director of the now-defunct LGBTQ community services organization Casa Ruby on a charge of wire fraud, has been postponed from Jan. 10 to March 28.

The postponement came just under six months after Corado pleaded guilty on July 17 to a single charge of wire fraud as part of a plea bargain deal offered by prosecutors.

Court records show that the judge presiding over the case on Dec. 24 approved a request by Corado’s attorney for the postponement and that prosecutors with the Office of the U.S. Attorney for the District of Columbia supported the request.

The charge to which she pleaded guilty in U.S. District Court for the District of Columbia says she diverted at least $150,000 “in taxpayer backed emergency COVID relief funds to private offshore bank accounts for her personal use,” according to a statement released by the U.S. Attorney’s office.

Under the federal wire fraud law, for which Corado is being prosecuted, she could be subjected to a possible maximum sentence of up to 20 years in prison, a fine up to $250,000, and restitution requiring her to repay the funds she stole.

Corado’s guilty plea in July came a little over six weeks after prosecutors on May 31 filed a one-count criminal information charge of wire fraud against her that replaced an earlier criminal complaint charging her with bank fraud, money laundering, monetary transactions in criminally derived proceeds, and failure to file a required report of a foreign bank account.

The earlier complaint was filed at the time the FBI arrested Corado on March 5, 2024, at a hotel in Laurel, Md., shortly after she returned to the U.S. from El Salvador.

The initial complaint, like the second lesser complaint that replaced it, says the funds that Corado allegedly diverted to banks in El Salvador were intended for use by Casa Ruby to support indigent LGBTQ clients in need of housing and other support services.

A.J. Kramer, an attorney with the Federal Public Defender Service who is representing Corado, stated in a Dec. 23 motion filed in court that the sentencing postponement was needed to give the defense more time to respond to and obtain additional information regarding a Pre-Sentence Report that was issued on Dec. 11.

A statement on the U.S. District Court’s website says Pre-Sentence Reports, which are prepared by the U.S. Probation Office based on court records and background information on a defendant, are used by judges to decide on a sentence, with the judge having the sole authority to determine a sentence.