TOPEKA — Kansas Bureau of Investigation Director and U.S. district judge nominee Tony Mattivi found himself Monday in the unusual position of defendant in a civil trial playing out in the same federal courtroom where he previously prosecuted violent crimes, drug trafficking and money laundering.
Mattivi sat between two defense lawyers for start of a trial propelled by the lawsuit filed by former KBI Associate Director David Hutchings, a 32-year KBI veteran who departed the agency after a management scuffle with Mattivi. Hutchings filed suit alleging Mattivi had a right to strip him of an administrative post but violated his constitutionally protected property right by preventing him from transferring to the job of special agent in charge at KBI.
In court filings, Mattivi’s attorneys contend the KBI director in June 2023 requested Hutchings take the honorable path and voluntarily resign rather than face termination proceedings. Mattivi’s lawyers say Hutchings consented to resign but tried to reverse that decision days later in anticipation of receiving a financial settlement.
In addition, Mattivi’s defense team plans to introduce evidence there were sound reasons to move ahead with firing Hutchings over allegedly improper or illegal acts at the KBI. Court records accuse Hutchings of secretly reading employee emails, recording employee conversations, maintaining “shadow” files of private information to undermine colleagues and improperly withholding from courts...
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