Independence police captain alleges top official drove under influence of alcohol
An Independence police captain has filed a lawsuit against the city’s police department, alleging command staff retaliated against him after he reported a range of concerns, including that a top department official drove a city vehicle while under the influence of alcohol and that the department misused tax dollars.
The claim, filed in Jackson County Circuit Court on Wednesday on behalf of Justin Marriott, is the second lawsuit brought by a department employee stating that Deputy Chief Michelle Sumstad had been investigated for allegedly driving under the influence.
Marriott’s lawsuit alleges that while he had been working off-duty security at an event at Cable Dahmer Arena in October, he had spotted Sumstad drinking alcohol in front of other officers before she got into her city vehicle and drove off while under the influence.
Sumstad did not respond to a request for comment for this story.
Officer Allyx McCoy, a spokesperson for the Independence Police Department, referred a reporter to the city of Independence. A spokesperson for the city did not respond to a request for comment.
One of Marriott’s attorneys, Sarah Duggan, declined to comment.
Marriott’s claim is the latest in a line of lawsuits accusing department officials of misconduct.
Marriott’s wife, Kelly Rupert-Marriott, who has also worked in the department as an officer, is also suing the department, alleging discrimination and retaliation by department officials. Another lawsuit, brought by Capt. Billy Pope last month, also alleges Sumstad was driving a city vehicle under the influence previously.
The Star is also suing the city of Independence over records related to the departure of former Police Chief Adam Dustman.
Internal affairs investigations
Marriott’s lawsuit said the department launched an internal affairs investigation into his allegations about Sumstad and the incident at Cable Dahmer Arena and said that a third-party investigator was brought on to handle the inquiry.
“DC Sumstad began bragging around the department that she was getting out of trouble and that (Marriott) was a liar,” the lawsuit said. “DC Sumstad was correct about getting out of trouble as the investigators long-played the investigation so that the department ran out of time to hold her accountable under its policies.”
Marriott’s claims mirror a set of allegations contained in Pope’s lawsuit, which said he had been assigned to an internal affairs investigation in March 2025 to look into allegations that Sumstad and another deputy chief drank alcohol on duty and then drove city vehicles.
Pope accused city officials of obstructing and slow-walking his investigation to the point that Sumstad was able to successfully appeal recommended discipline because it was handed down the day after a 90-day deadline that is designated by state law. The lawsuit said she suffered no consequences for that incident.
Pope’s lawsuit also contains an allegation about a 2024 incident in which Dustman allegedly crashed his city patrol vehicle into two mailboxes while he was intoxicated. Dustman resigned from the department in August 2025.
Pope’s lawsuit remains pending.
Vocal opposition
Marriott’s lawsuit said he had testified in depositions for “many” discrimination lawsuits and internal investigations since 2023 and said he had been vocal in the department about his concerns, including in a presentation to command staff in January.
He said he had detailed how multiple members of the command staff had been “behaving in ways unbecoming of their positions” and said he referenced the lack of accountability of officers breaking the law by drinking and driving.
“(Marriott) stated that it reflected poorly on the police department as a whole and that those responsible should be removed from their positions,” the lawsuit said.
The lawsuit said Marriott had also been vocal to department leaders about the use of city funds to buy a “new million-dollar command center.”
He said the purchase was “so distasteful to the taxpayers that the million-dollar command center was being hidden offsite so they would not have to answer to the general public why IPD was so underfunded, yet taxpayer dollars were spent essentially funding new ‘toys’ for the select few at the top.”
Marriott said the opposition appeared to be the final straw for his superiors, who informed staff that the department would shift the responsibilities of captains. Out of the department’s seven captains, four, including Marriott, were moved into new departments, he said.
Marriott said he was demoted as he was shifted from day shift to night shift patrol, which caused him to lose access to his captain stipend, reduced his ability to take off-duty hours and moved him to be the second-in-line supervisor over his wife “in an attempt to weaken her claims of discrimination and retaliation,” the lawsuit said. Marriott described the move as a clear punishment for his actions.
Marriott’s lawsuit seeks unspecified damages for alleged violations of the state’s public employee whistleblower law.
The Star’s Ben Wheeler contributed.
