Second whistleblower suit accuses Duluth Police of retaliation, discrimination

A second whistleblower lawsuit has put Duluth City Hall back under pressure, this time with a claim that a police-related opioid-response worker was retaliated against after raising concerns about how officers handled complaints and overdose-related policing.

Jessica McCarthy-Nickila, identified in the filing as an adult resident of St. Louis County, says the problems began after she reported conduct she believed was unlawful or discriminatory inside the Duluth Police Department, including the use of people who had recently overdosed as informants for drug buys. The complaint says she was ridiculed by officers, faced hostility, lost key job duties, and was disciplined and watched more closely after speaking up. It says the pressure became so intense that she resigned out of fear the retaliation would continue.

The suit was filed in St. Louis County District Court and places new scrutiny on a city program that sits at the center of Duluth’s overdose-response work. Duluth hired McCarthy-Nickila in September 2018 as its first-ever Opioid Technician, a position created to respond to overdose victims, make chemical-dependency referrals, and coordinate outreach and training. The complaint says she was promoted in August 2022 to program coordinator for the Substance Use Response Team, or SURT, a post-overdose deflection program housed within the police department.

That makes the allegations more than a personnel dispute. Duluth’s opioid-response work has been a visible part of the department’s public image for years, with officers carrying Narcan since 2016 and city leaders touting the department’s role in saving lives. A 2023 study of SURT reported 341 follow-up responses over a 16-month period, with more than 60% of referrals leading to in-person contact and about 80% of those contacts completing an engagement goal with a peer specialist.

The city has denied the complaint’s central claims. In its answer, Duluth admitted McCarthy-Nickila was hired into the opioid role, promoted in August 2022, and received some positive performance evaluations. But the city said she also had serious performance issues that led to discipline and job coaching. It rejected the rest of the allegations.

The new filing lands less than six months after a separate whistleblower case brought by retired Duluth police Lt. David Drozdowski. His complaint said he served more than 20 years with the department and was forced into early retirement after being placed on administrative leave and ordered to undergo a psychological fitness-for-duty exam. He alleged retaliation after reporting misconduct, including discrimination, missing use-of-force records, and data manipulation.

Taken together, the two lawsuits suggest a deeper fight over accountability inside Duluth Police and the city offices that oversee it. For taxpayers, the risk is not only legal exposure but also the cost of rebuilding trust in a public-safety system that relies on staff speaking up when they believe the law, or public health, is being put at risk.