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untanglingwebs
El Supremo
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Flint police lawsuit alleges racial discrimination in promotions
December 19, 2012 |
By Elisha Anderson
Detroit Free Press Staff Writer
White police officers working in Flint claim black police officers with less experience received promotions over them, according to a lawsuit filed in U.S. District Court in Detroit.
The lawsuit -- filed Monday on behalf of nine white officers -- accused the city and two top police officials, who are African American, of racial discrimination.
"Specifically, what's happening is African-American police officers are being given temporary provisional promotions to sergeants and hopscotching over white police officers who've got more seniority," said attorney Tom Pabst, who represents the nine officers listed as plaintiffs.
"And seniority is supposed to matter --that's according to the rules of the City of Flint."
Jason Lorenz, a spokesman for the city, said the legal department was aware of the lawsuit, but he declined to comment because of the ongoing litigation.
"We are in the process of reviewing the case at this time," he said.
Promotions within the Flint Police Department are done by human resources through a testing process, Lorenz said. He said he was awaiting information Tuesday on whether seniority plays a role and was unable to comment.
The racial makeup of the department is 50.8% black, 46.6% white and 2.5% Hispanic, Lorenz said.
Pabst told the Free Press that officers spoke up about their concerns to Chief Alvern Lock and Capt. Darryl Patterson, who both are named as defendants in the lawsuit, and then came under increased scrutiny. Some officers were disciplined for things such as parking in a wrong spot, Pabst said.
"It's unlawful to retaliate against someone because they raised a matter of public concern," Pabst said Tuesday.
The lawsuit accuses a police official of saying he wanted to "beat up" an officer, who was white. The context surrounding the alleged comment is unclear.
The lawsuit says the plaintiffs suffered emotional distress, mental anguish, embarrassment, worry, humiliation, insulted honor, damage to their professional reputations and loss of benefits and income. Damages far exceed $100,000, it says.
Contact Elisha Anderson: 313-222-5144 or eanderson99@freepress.com |
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Wed Dec 19, 2012 11:39 am |
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untanglingwebs
El Supremo
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Federal race discrimination lawsuit claims Flint Police Chief Alvern Lock threatened to 'beat up' officer
By David Harris | dharris5@mlive.com
on December 19, 2012 at 5:00 PM, updated December 19, 2012 at 7:21 PM
FLINT, MI -- A lawsuit by nine white officers who claim they were passed over for provisional promotions because of race also says Chief Alvern Lock threatened to "beat up" an officer.
The lawsuit was filed Monday in U.S. District Court in Detroit. The lawsuit says that the nine white officers were passed over for provisional promotions to sergeant by black officers despite having more seniority. It says the promotion decisions were made by Lock and Capt. Darryl Patterson, who are both black.
"There's favoritism being shown to black police officers," said Tom Pabst, the attorney representing the police officers. "The City of Flint has rules that temporary (and) provisional promotions is supposed to be allocated by seniority. The black officers basically hopscotched over the white officers."
The lawsuit includes a claim that Lock threatened to "beat up" Officer Robert Garceau, who is white. Pabst said the claim stems from a rumor that was going around the department.
Lock said Wednesday, Dec. 19, that he did not recall making such a statement and declined further comment on the lawsuit.
City Spokesman Jason Lorenz referred comment to City Attorney Pete Bade who declined to comment, citing on going litigation.
Promotions at the Flint Police Department "were totally, one hundred percent subjective on the part of (the) defendants" and "reckless" and "indifferent" to the officers' rights, the lawsuit claims.
"The defendants ... violated the plaintiffs' rights by promoting black police officers to provisional sergeants when white police officers should have been promoted, according to the defendants own rules," the lawsuit reads.
It also alleges the black officers failed the sergeants test that would allow the move to be permanent.
A call to the president of the Afro-American Police League was not immediately returned.
The officers who filed the suit are: Garceau, Esther Campbell, Alan Dickenson II, Eric Eads, Steven Howe, Lawrence Laframboise, Troy Simpson and Cary Wooster.
This is not the first reverse discrimination lawsuit against the city filed bywhite officers.
Last year, a three-member panel of arbitrators awarded the 48 plaintiffs, all current or former police officers, $3.8 million after the city lost a lawsuit involving the appointment by then-Mayor Don Williamson of four black men and one white woman to the Citizens Service Bureau in 2006.
Pabst said he wouldn't be surprised if that lawsuit was brought up in this one to show the city has a history of discrimination. |
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Wed Dec 19, 2012 9:05 pm |
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untanglingwebs
El Supremo
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Many of these issues were discussed on Flint Talk many months ago. A majority of those who took the test failed as the test allegedly did not correspond to the study materials provided. This creates the possibility that the test was deliberately leaked to a few.
The high number of positions to be filled were caused by Brown's manipulation of salaries and pensions. Those who could retire did so and many of the detectives and Sgts did so. |
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Wed Dec 19, 2012 9:09 pm |
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untanglingwebs
El Supremo
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The lawsuit includes a claim that Lock threatened to "beat up" Officer Robert Garceau, who is white. Pabst said the claim stems from a rumor that was going around the department.
I am told this comment by Lock was made in a public meeting. |
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Wed Dec 19, 2012 9:11 pm |
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untanglingwebs
El Supremo
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Because of the high failure rate of the first test, a second test was supposed to be given that would have made the positions permanent.
In the M-Live posting, Numero 407 claims the white clients of Pabst also failed the test. But what he fails to state is that Pabst sued him (Tolbert) and karl Petrich for assaulting a young Russian man, who's only crime was dating a black girl. Pabst won.
karl Petrich, was quoted in the Journal as saying he trusted Lock so much he would follow him to Hell if asked. Petrich as president of the Afro-American Police Officers lobbied council for months to make Lock the Police Chief and lobbied to get rid of Hagler. Lock did not even pass his orals for captain when he was in a provisional captain position.
Tolbert should worry about his own discipline record. |
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Wed Dec 19, 2012 9:13 pm |
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untanglingwebs
El Supremo
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| These events happened under Jones watch. Isn't he supposed to oversee Lock. very little is heard about him these days. |
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Thu Dec 20, 2012 6:58 pm |
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untanglingwebs
El Supremo
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Page three of the allegations:(paraphrased)
( 8 ) states the defendants agreed to and had a policy, rule, custom and/or practice of favoring African-American/black Police Officers over caucasian/white Police Officers when it came to the terms and conditions of employment including promotions, provisional and otherwise.
( 9 ) States that Lock and paterson had a policy,rule, custom and/or practice of retaliating agaainst and harassing caucasian/white Police Officers who dared to oppose the unlawful racial policy of #8 , and/or criticize the way the defendants implemented the policy. |
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Sun Dec 23, 2012 7:32 pm |
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untanglingwebs
El Supremo
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More officers added to the case:
William Surface
Michael Ross
John Cramer
Chad Baldwin
Rodney Hall |
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Fri Feb 01, 2013 4:29 pm |
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untanglingwebs
El Supremo
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There are two amended complaints
After a grievance was filed alleging the administration failed to follow established rules and policies on promotion, the police administration entered into a series of harassing and retaliatory behaviors.
Last edited by untanglingwebs on Sat Feb 02, 2013 8:45 am; edited 1 time in total |
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Fri Feb 01, 2013 4:37 pm |
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untanglingwebs
El Supremo
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Allegations state certain African American/Black officers were promoted to provisional sergents after they flunked promotional tests in 2011 and 2012 when Caucasian/White officers should have been promoted accoring to the rules promulgated by the Collective Bargaining Agreement and Personnel Policies and Procedures.
The promoted officers on or about December 25, 2011 are:
Eric Rogers
Vennette Lott
Karl Petrich
Alvin Bradford
E. Renae Patrick |
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Fri Feb 01, 2013 4:49 pm |
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untanglingwebs
El Supremo
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On or about January 22, 2012 promoted the folloing to "provisional sergents":
Alphonso Donastorg
Steven Wheeler
Ronald Dixon
Myra Handley
Oddly on or about March 20, 2012 all of the above officers were demoted to Patrol Officers.
On March 22, 2012 all of the above officers were repromoted. |
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Fri Feb 01, 2013 4:53 pm |
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untanglingwebs
El Supremo
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On "August 15,2012 th following African-American/Black Police Officers were provisionally promoted to the rank of Sergent:
E. Renae Patrick
Alvin Bradford
Daniel Mata
Alphonso Donastorg
Steven Wheeler
Vennette lott
Tyrone Booth
Dominic Teft".
Lock signed the document which indicates that he personally participated and decided that these African-Americab/Black officers should be promoted although many of them flunked the test. |
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Fri Feb 01, 2013 9:48 pm |
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untanglingwebs
El Supremo
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The favoring of these officers was totally 100% subjective and was a derogation of the rules and regulations that had by Collective bargaining Agreements and City of Flint Human Resources Policies and Procedures been agreed to by the City of Flint administration.
In fact, the City of Flint had a rule that "provisional promotions" were to be made by seniority and not by race.
Patterson showed his participation in the process by responding to the Plaintiff's class action grievance by writing "Qualified individuals were chosen for the temporary position." |
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Fri Feb 01, 2013 9:55 pm |
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untanglingwebs
El Supremo
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The second amendment further alleges the white officers after filing grievances were further discriminated against and harassed . "Said defendents accomplished this by increasing scrutiny on Plaintiffs and/or meting out pretxtual discipline to defendents."
Other allegations (paragraph 34) states Lock and Patterson breached the Constitutional duties and violated Plaintiffs' rights under the rule established by
Penbaur v. City of Cincinnati, 475 U.S> 469 (1986).
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Fri Feb 01, 2013 10:01 pm |
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untanglingwebs
El Supremo
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In addition to the differential pay between the pay rates of an officer and a Sergeant for the 26 months involved, Pabst is also requesting punitive damages from the defendants.
Pabst cites a "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 cir. 2008)
It is alleged Defendant Patterson Knew that Defendant Lock was engaging in discriminatory behavior and was violating the City of Flint's rules on seniority and yet he did nothing to correct it. Likewise Lock did nothing to correct Patterson's discriminatory behavior. |
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Fri Feb 01, 2013 10:10 pm |
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