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Police officers sue city for discrimination

Saturday, January 10, 2009
(Updated Sunday, January 11 - 6:32 am)

GREENSBORO — Thirty-nine black police officers sued the city of Greensboro and two former police leaders Friday for breach of contract and racial discrimination, according to court documents.

The officers claim former Police Chief David Wray and former Deputy Chief Randall Brady discriminated against them by directing subordinate officers to include their pictures in photo lineups and pursuing unsubstantiated charges against them because of their race, according to a civil lawsuit filed in Guilford County District Court shortly before 5 p.m. Friday.

The same police officers filed U.S. Equal Opportunity Employment Commission complaints against the city in 2006.

The breach-of-contract claim stems from a failed attempt to negotiate a monetary settlement of those complaints with the City Council.

The lawsuit claims damages of more than $10,000 and comes before the statute of limitations for filing was due to expire.

“There was a statute-of-limitations issue,” said the officers’ attorney Ken Free. “It’s time to move forward.”

City attorney Terry Wood, who had not yet seen the suit Friday night, said the city would respond in due course.

Brady’s attorney, Seth Cohen, said his client has “done absolutely nothing wrong.”

“He served the city for many, many years,” Cohen said. “And this lawsuit, like many others, is frivolous.”

Wray’s attorney, Ken Keller, declined to comment Friday night because he had not seen the lawsuit.

The lawsuit comes one week after Wray filed his own discrimination suit, claiming the city and City Manager Mitchell Johnson discriminated against him because he is white.

Wray and Brady left the city three years ago, amid allegations that a special investigation unit in the police department had targeted its own black officers for investigations.

The 39 officers believe their photos were included in at least one version of a lineup book or other visual aids “for the purpose of framing, embarrassing, and wrongfully charging black officers with crimes, offenses and violations of both law and police policies,” the officers’ lawsuit alleges.

The city and Wray have said that at least one lineup, a “black book” containing photos of 19 officers that was stored in Brady’s trunk, was used to investigate an alleged sexual assault.

The lawsuit also claims the city breached its own confidentiality agreement by releasing information about the EEOC complaint negotiations.

Information about the City Council’s $750,000 confidential settlement offer to the officers and the officers’ names were published in The Rhinoceros Times in November.

After the publication, council members were pressed by residents not to pay the settlement, and council members subsequently withdrew the offer.

Wood said the city did not release the information about the officers for retaliatory reasons and did not seek the publication, Wood wrote in a Dec. 8 letter to the officers’ attorneys.

Wood said the city did not breach the confidentiality agreement and would “vigorously” defend any breach-of-contract claim.

The officers in the suit include force veterans — like Wray’s former executive officer Lt. Brian James and Assistant Chief Ronald Rogers — as well as three officers who were investigated for their involvement in an alleged 2007 assault, John O. LeGrand, Officer Calvin Stevens and Sgt. Allen Wallace. None was charged with a crime in the incident.

Officers Norman Rankin and Ernest Cuthbertson are also among the plantiffs.

Two former special intelligence unit officers, Scott E. Sanders and William “Tom” Fox, are facing criminal charges for allegedly conspiring to deceive other officers about Rankin and Cuthbertson.

The intent was to frustrate an investigation Rankin and Cuthbertson were pursuing by keeping them away from an important confidential informant, according to the indictments in the case.

Contact Amanda Lehmert at 373-7075 or amanda.lehmert@news-record.com

Contact Jennifer Fernandez at 373-7064 or jennifer.fernandez@news-record.com

Accompanying Photos

File photo (News & Record)

Photo Caption: The entrance to the Greensboro Police Department.

Comments

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EMily

January 10, 2009 - 10:01 am EST

Greensboro residents should be fed up with all of this. What happened to personal responsibility? Wray gets fired when it appears he is targeting some of his officers for no good reason. He sues for race discrimination. (Since when do white people get to sue for discrimination?) All the targeted officers are chomping at the bit, hoping their names were in his book so that they can now sue for racial discrimination. They attempt to hold the city hostage for a ransom of $750,000 -- and almost get it!! This is so ridiculous. If my boss trails me thinking I have been stealing from the office, and it turns out the boss was wrong . . . I don't sue. I am vindicated. How am I hurt? I get to keep my job, my name is cleared and the boss gets disciplined. The city council needs to have some backbone and let these cops have their lawsuit trying to take advantage of the system. Unless the city council caves in, these jokers will eventually all have to go to court to a judge or jury. And if the judge does not throw out the case, the good citizens of Greensboro undoubtedly will. We are sick and tired of this petty division in our great city. I wish we could fire all the police officers and start anew. Gee, am I the only person here who feels grateful to have a job in this economy? How can we ever get past the racial divide when everybody is looking for opportunities to sue for racial discrimination?

Beachwalk

January 10, 2009 - 10:33 am EST

Everyone of these troublemakers should be FIRED, NOW. David Wray should have and did sue the City and our idiot of a manager M. Johnson. He has the right because he was wrongly done. These 39 troublemakers have NO case and they know it. They are NOTHING but troublemakers. And James Hinson is the head of this GANG. If the city pays one penny to these 39 thugs, then I think each and every citizen of the city should also sue the city for wasting tax payer money. Enough is Enough! GET RID OF THESE THUGS ON THE POLICE FORCE. I am tired of this "I am a victim, because I am black" crap. If the city pays these troublemakers even $0.01, then the gansters have won and taken over this city. Do you as citizens want that to happen? It is time to stop this crap. Call the city, call the managers office, call the city attorney, call the city council members. Tell them we are taking back our city from these thugs and will not allow one cent to be paid to a group of thugs and gangsters.

newkid

January 10, 2009 - 10:48 am EST

How about a little more effort by the police force to fight crime and a little less effort spent fighting each other?

ncb

January 10, 2009 - 12:00 pm EST

It really is a shame to see the systematic racism in America grinding down more obviously innocent African-Americans. They were just trying to feed their chirrens and get back on their feet after Bush destroyed New Orleans. I know it's been three years, but these things take time. A little more extra tax payer money should do the trick. After all, Lincoln Navigators cost a lot of money

Lakeshia

January 10, 2009 - 1:05 pm EST

The concept of "racism" is so very necessary - it allows the blame to be shifted away from those who will not accept responsibility - "racism" makes it possible for the finger to be pointed elsewhere - if not for "racism" how else could the so very many problems which exist in the black community be explained away ?

Altima37

January 10, 2009 - 7:42 pm EST

Why is it ok for Hinson and his followers to holler racism and not David Wray? I agree with Beachwalk fire all of them. The city of Greensboro has a poor excuse for a police department and it is only getting worse. 39 officers filing law suits - when are they going to be doing their jobs that citizens tax dollars pays them to do? Who is going to be available to protect Greensboro? Wake up Greensboro before it is too late and I believe that it is right around the corner. Just look at the first sentence Thirty Nine black police officers - why not just say 39 police officers? That's because they want to use the racial card. These are the officers that are suppose to protect us, be outstanding citizens and the ones that we teach our children to respect.
Hinson started all of this mess. Look where his ex wife is and I'm sure that he helped her spend that loot. His home came from a drug dealer.....it just goes on and on. Now he has other officers following him like he is a King. I bet he really thinks he is a big shot now. When he goes down maybe his followers will to.

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