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Topic: Police reverse discrimination lawsuit filed
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untanglingwebs
F L I N T O I D

After the class action grievance was filed, defendant Patterson used the LEIN search mechanism 17 days later in an attempt to disciplne four white officers.

Officer Robert Garceau, a plaintiff in the case, was notified to appear in a "loudermill hearing", often a prelude to firing of an officer. Garceau is a fifteen year veteran of the department and had never previously received a disciplinary action.

At a Flint Police Department command staff meeting held on November 21, 2012, Defendant Lock stated that "if i weren't Chief of police, I'd kick Rob Garceau's ass". The statement was said to be taped and the comment was made in front of Captain Johnson, defendant patterson, Lieutenants Suttles, Birnie, Thomas, and Tidball and MSU representatives Kim lawrence and Jerry Bowles.

Plaintiff Alan Dickenson II also filed a formal writing dated November 13, 2012 in which he referenced the "provisional promotions". On January 15, 2013 Dickenson recived an 8-day suspension which was extremely excessive in light of the alleged infraction.

On January 11, 2013 Plaintiff Garceau received a three day suspension for so-called "unsatisfactory performance". In contrast African-american/Black Police Officer Hudson Green, who allegedly has a long history of bad disciple, received only an "oral reprimand" for "unsatisfactory performance".


Last edited by untanglingwebs on Sat Feb 02, 2013 12:05 am; edited 2 times in total
Post Fri Feb 01, 2013 10:31 pm 
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untanglingwebs
F L I N T O I D

City Attorney Thomas kent mentioned the lawsuit in a derogatory manner at a meeting/hearing held on January 24, 2013 and he referred to "Garceau and the gang". In front of witnesses Kent complained "Now we have to go through a lot of paperwork and a lot of complaints".


Note:
Kent was the Assistant City Attorney sent to Circuit Court to get an emergency stay on a Civil Service Hearing about the cases of the DCED employees fired by Eason and Walling, Glenda Dunlap, karen Morris and Suzanne Wilcox. A lot of damaging information was coming out in this case and the city wanted to silence their voices.

The blind draw went to Judge Hayman, who recused himself. The case then went ot Judge Yuille, who was on vacation. The two Judges who were in line to act on Yuille's behalf were Judges Hayman and Neithercutt. Neithercutt refused to sign. Judge Farah signed the stay on the same day as the Civil Service hearing.

Yuille was livid in his court when the issue came up. kent told the Judge that he was ordered to find a Judge to sign the order, but he refused to say on the record who gave the order. The Judge took everyone into his chambers and later threw out the stay. In my mind, Yuille should have reported Kent to the Attorney Grievance Commission for "judge shopping".
Post Fri Feb 01, 2013 11:22 pm 
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untanglingwebs
F L I N T O I D

In the Civil service case, Brown was named Emergency manager prior to the next meeting of the Commission. In his first action, Brown eliminated Edward Parker as the Director of the Civil service Commission. Days later he disbanded the Civil Service Commission despite the fact that it was created by the Charter.

Brown and Lock are said to be friends.
Post Fri Feb 01, 2013 11:26 pm 
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untanglingwebs
F L I N T O I D

At the hearings regarding the 3 day suspension of Plaintiff Garceau, African American Sergeant Rodney Williams commented to Plaintiff Kevin Smith, "Every Time Garceau gets in trouble he wants to sue? Okay, then we'll document everything on Garceau from now on." Williams also used the term "Garceau and the gang"


NOTE:

I have been informed that some of the evidence regarding this hearing has somehow disappeared. This is said to be only the second time in the history of Internal Affairs in which this has happened.


Last edited by untanglingwebs on Sat Feb 02, 2013 8:48 am; edited 1 time in total
Post Fri Feb 01, 2013 11:34 pm 
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untanglingwebs
F L I N T O I D

Count III - First Amendment violations against the "Designated Plaintiffs Dickenson II, Howe, Garceau and Wooster.

First and Fourteenth Amendment to the United states Constitution, 42 USC section 1983, and 28 USC sections 1331 and 1343 (a).

( 68 ) "That defendants herin owed the four designated Plaintiffs a Constitutional duty not to purposely interfere with Plaintiffs' federally protected rights under the United States Constitution, in particular, but not by way of limitation, the First Amendment to the United States Constitution.


The allegations state the four were engaged in protected activity under the First Amendment when they raised or addressed matters of "public concern".
That they opposed the race based discrimination and they were victims of discrimination, retaliation and harassment in violation of the law.

That the efendants violated the LEIN system by using the LEIN checking mechanisms for their own personal purposes in violation of the Plaintiffs Constitutional rights. And when Police Chief Lock and Captain Patterson violated the Plaintiffs rights and breached their Constitutional duties this misconduct is attributed to Defendant City under the attribution rule established by Pembaur v City of Cincinnati, 475 US 469 (1986)

Captain Patterson used the LEIN system as an vehicle to discipline the four officers because they raised an issue of public concern. This action came approximately 17 days after the class action grievance was filed.

Pabst alleges the best case scenario for the Defendants involves a so-called "mixed motive" case in accordance with the rule of law set forth in the Sixth circuit Court of Appeals case of White v baxter, 533 F.3d 381(6th Circuit 20080.
Post Sat Feb 02, 2013 12:00 am 
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untanglingwebs
F L I N T O I D

Grievance #015-12 Provisional Sergeant Promotions as a violation of Article 35.

Class action dated 8/29/2012 Steward Jermaine Reese

"On 08/19/12 provisional promotions were made violating the collective bargaining agreement. Senior officers who were next in line according to the bargaining agreement were passed over for provisional promotion to the rank of Sergeant.

desired remedy-Make all officers affected by this violation economically whole and discontinue this practice immediately. Temporary assignments in higher classification.

On the same day of the grievance Captain Patterson responded "Qualified employees were chosen for temporary position'
Post Sat Feb 02, 2013 12:14 am 
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untanglingwebs
F L I N T O I D

On 09/15/2012 the Reporting Lt, Lt. Peterson, was given a LEIN printout that 5 vehicles were parked in the reserved lot in violation of departmental rules. The 4 vehicles belonged to:
Steven Howe
Robert Garceau
Cary Wooster
Marcus Wilson
Brian Burdy
Post Sat Feb 02, 2013 12:18 am 
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untanglingwebs
F L I N T O I D

Garceau files a complaint regarding his and other officers belief that the LEIN rule (MCL 28.214 - Lein information shall not be obtained or used in a manner that is not authorized by law or rule). It was garceau's belief that Captain Patterson violated their rights by processing their plates through LEIN for diciplinary reasons. Capt. Patterson violated his rights by running his plate through Lein when his vehicle was legally parked and he believes this is a violation of Drivers Privacy Protection act. The complaint was sent on November 19, 2012 to a Mrs Canfield of the State of Michigan LEIN. This was the same day the disciplinary actions came down.

Garceau was not reprimanded because he is a union representative and was parking in a spot reserved for union reps.

Suspensions without pay:

Sgt Burdy 1 day
Ofc. Wilson 1 day
Ofc. Howe written reprimand
Ofc. Wooster 3 day
Post Sat Feb 02, 2013 12:28 am 
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untanglingwebs
F L I N T O I D

Officer's report by Alan Dickenson II regarding Harassment by Command Staff.

Dickinson was working D#141 on November 13th 2012 when he was called off the road by Captain Patterson and asked to change or add information to a forcible report reference shooting of a dog. Dickenson did no change the report.

Per the report, Dickenson was in the union office when Captain Patterson entered and stated "Al are you paranoid or what." All I asked was that you paint a better picture of the forcible report.

Dickenson goes on to relate his discussion with Captain Patterson regarding excessive and unwarranted disciplinary actions that had been going on for over a year.Dickenson discussed how these actions were affecting him mentally and in his job.

As the Reporting Officer (R/O) Dickenson told Patterson that "Chief Lock had the final say in what finally happens with discipline as well as transfers within the department or even provisional promotions."

"R/O advised Captain Patterson that most of his discipline stems from personal opinion instead of facts, at least with the reporting officer. R/O feels singled out, and that excessive discipline has been given on complaints against Captain Patterson and Chief Lock with the Human Resources Department.

Dickenson is an officer with over 21 years of service. Dickenson states he has followed the grievance procedure with the union, Human resources and the Labor Relations, but had never been contacted regarding these complaints in over a year since making them. "This Police department has become very unsafe, unstable, and considered a Hostile Work Environment", stated Dickenson in his complaint
Post Sat Feb 02, 2013 12:56 am 
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untanglingwebs
F L I N T O I D

Flint Department of Human Resources and labor Relations Harassment Complaint Form filed on 10/24/2012 by Officer Dickenson against sgt. kahan, Lt. Tidball and Capt. Patterson for an incident at Hurley Hospital on May 28th, 2012. Officer Arnold Patrick witnesed the incident.
Post Sat Feb 02, 2013 1:01 am 
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untanglingwebs
F L I N T O I D

Less than 20% of the officers who took the first test passed. Past Practices in the Flint Police Department would have had that test thrown out and not have it certified. However, since officers were promoted that did not pass the test, the test appears to not be relevant to the police administration.


What about the black officers with high seniority who were also passed over?
Post Tue Feb 05, 2013 11:35 pm 
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untanglingwebs
F L I N T O I D

The Flint Police Department continues it's pattern of harassment . The white officers who filed complaints are being followed, sometimes by internal affairs and sometimes by Captains and others.

I am not sure what the city hopes to gain as the officers are not stupid enough to screw up.
Post Sun Mar 03, 2013 7:46 pm 
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untanglingwebs
F L I N T O I D

The lawsuits against lock continue and will cost the City plenty.
Post Sat Jun 29, 2013 8:11 am 
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untanglingwebs
F L I N T O I D

There are continued allegations regarding retaliation for the plaintiffs who filed the discrimination lawsuit. I understand that a plaintiff in the case was recently given a 60 day suspension without pay for a report lost in the computer system. From what I have heard, these reports are routinely lost because the software sucks. Have other officers suffered the same discipline for lost reports? This same officer won a grievance over lost pay and has yet to see the money awarded to him.

Perhaps these officers in the lawsuit need to research the shaky history about how the contract for the computer systems was awarded. The bid original was to go to another company, one that some say had a better reputation for excellence. Lock interceded and complained to council that his recommendation for another company was being ignored. Council wimped and gave in to lock's request. Since then there have been allegations of cronyism in the awarding of the contract and an inferior product. Maybe time to file a complaint with the proper authorities or the FBI.
Post Sat Jul 06, 2013 11:28 pm 
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untanglingwebs
F L I N T O I D

13-2588 - Robert Garceau, et al v. City of Flint, et al



City of Flint, Appellant
Alvern Lock, Appellant
Darryl Patterson, Appellant
Chad Baldwin, Appellee
Esther Campbell, Appellee
John Cramer, Appellee
Alan Dickenson II, Appellee
Eric Eads, Appellee
Robert Garceau, Appellee
Rodney Hall, Appellee
Steven Howe, Appellee
Lawrence Laframboise, Appellee
Michael Ross, Appellee
Troy Simpson, Appellee
Kevin Smith, Appellee
William Surface, Appellee
Cary Wooster, Appellee



Document in Context

13-2588 - Robert Garceau, et al v. City of Flint, et al
More


July 11, 2014

PDF | More


OPINION filed : AFFIRMED, decision not for publication. Julia Smith Gibbons, Circuit Judge; Jeffrey S. Sutton, Circuit Judge authoring, and Helene N. White, Circuit Judge.
Post Sun Oct 05, 2014 12:42 am 
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