LASD captain says tattoo on his ankle cost him a promotion

LASD Captain claims tattoo cost him a promotion

An LA County Captain claims a tattoo costed him a possible promotion.

LOS ANGELES - Captain Ben Torres of the LA County Sheriff’s Department says a tattoo on his ankle has cost him a promotion to Commander, despite 30 years of service and no disciplinary history.

"I got the tattoo on my own time, I paid for the tattoo with my own money, nobody sees it on duty… nobody even sees it off duty. It's ugly and old," Captain Ben Torres told FOX 11.  

The tattoo he’s referring to has been associated in past reports to deputy cliques inside the Sheriff’s Department.

"I don’t engage in any illegal activity, I don’t engage in any criminal activity. I definitely don’t engage in any gang activity."

"I have friends that have died with this tattoo. They don’t have the option to remove the tattoo, so why would I remove it if I’m still here living, enjoying life, enjoying the department with this tattoo? I keep it as tribute to them," he said, explaining why he wouldn't have it removed.

"My 30 years in the department, I feel I'm stuck in this position because of this tattoo that means absolutely nothing to anybody else but me."

Captain Torres says his tattoo is similar to unit tattoos worn in the military, including the Marines. He says it’s a symbol of service and not gang-affiliated. 

Lawsuit filed against department 

Dig deeper:

Attorney David Torres-Siegrist represents Captain Torres in a lawsuit filed against LA County and Sheriff Robert Luna. He said this case comes down to the first amendment.

"We get that the sheriff ran on platform of eradicating deputy gangs, but that policy has elements to it. It's not the tattoo by itself, there has to be criminal conduct, some violation of constitutional rights of the public. None of those things are present with respect to Ben," Siegrist stated. 

The other side:

The LA County Sheriff’s Department issued a statement saying, "Law enforcement gang behavior has no place in the Los Angeles County Sheriff’s Department. It is unacceptable, particularly when it undermines the hard work of the vast majority of our personnel. The Department is actively addressing the long-standing issue of law enforcement gangs and is holding personnel accountable for misconduct related to gang like actions that contradict our core values, violates the law and our Department policies."

"Through Sheriff Luna’s leadership, the Department has taken strong, decisive steps to eliminate law enforcement gang behavior. We’ve introduced a new policy on law enforcement gangs, implemented a revised promotional process for Captains and above to address Department-related tattoos—something that was never done before—and set clear expectations for all personnel, from recruits to executives, regarding gang-like behavior. More than 99 percent of sworn personnel have read and acknowledged the new law enforcement gang policy, highlighting its importance within the Department. Every recruit entering the academy must acknowledge this policy that prohibits joining a law enforcement gang, with the understanding that any violation will result in termination. In addition to these measures, a cultural shift is underway, with discussions about this issue occurring at all levels within the Department, recognizing its potential to lead to adverse consequences."