A Japanese American police captain on the Kauai Police Force is being forced to retire after a judge dismissed his discrimination complaint last week.
Honolulu Civil Beat reports the forced retirement is part of a settlement reached with Captain Paul Applegate that also includes a $350,000 payment to him by Kauai County. Under the settlement, Applegate is scheduled to leave the force on June 1.
As AsAmNews reported in 2021, Kauai Police Chief Todd Raybuck served a five-day suspension after Applegate accused him of making racist anti-Asian remarks and even squinting his eyes.
The allegations were backed up by audio recordings.
Both the police commission and Human Resources Department ruled in Applegate’s favor.
Applegate sued later that year alleging Raybuck passed him over for promotion because he is part Japanese. He alleged the chief gave a lieutenant, who is Hawaiian, the job of assistant chief before the job was posted.
Applegate met with Raybuck about the hire and said Raybuck squinted his eyes and repeatedly bowed his head during the meeting. The lawsuit also accused Raybuck of saying Japanese people “do not always tell the truth.”
While Raybuck received the suspension, the county ruled that the promotion process was fair and objective. In a prepared statement, Raybuck said he is disappointed the discrimination case is not going to trial.
“I spent tens of thousands of my own funds on outside counsel to have the facts of this case heard before a judge,” Raybuck said. “Unfortunately, the county negotiated a settlement rather than take the case to trial.”
In his own statement, Applegate declared he accepted the settlement because he wanted “to move forward.”
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