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GREENSBORO — Police officers suing the former chief offer no instances where they were harmed from the alleged discriminatory acts, according to court papers filed Tuesday.

David Wray, the former Greensboro police chief who was locked out of his office and forced to resign in January 2006, wants the lawsuit dismissed.

Randall Brady, a former deputy chief under Wray, and Detective Scott Sanders also filed motions Tuesday to dismiss the case in federal court.

The three men, along with Councilwoman Trudy Wade, are named in a lawsuit filed by 39 black police officers who allege they were the victims of a pattern of harassment and discrimination that included an alleged photo lineup or “black book” of black officers. The lawsuit also claims breach of contract, alleging that the city broke its own confidentiality clause by releasing information about a $750,000 settlement with the officers. The offer was later withdrawn. The same police officers filed U.S. Equal Opportunity Employment Commission complaints against the city in 2006.

In a brief filed Tuesday, Wray argues that the plaintiffs can provide no instances where they were harmed from the alleged discriminatory acts.

For example, he argues, there’s no instance where the alleged “black book” exposed a plaintiff working undercover, and the complaint includes no adverse personnel actions taken against any plaintiffs by purportedly being in the “black book.”

Wray also argued that any claims against him aren’t valid because he was in effect no longer police chief once relieved of handling personnel issues on Dec. 20, 2005, and then locked out of his office on Jan. 6, 2006.

The lawsuit was filed in state court Jan. 9, 2009, which exceeds the three-year statute of limitations, according to Wray’s motion. The lawsuit was moved to federal court in April.

Wray also said he was not the ultimate decision or policy maker, as former City Manager Mitchell Johnson overrode him.

Johnson was forced out as city manager almost three months ago.

Brady retired from the department Dec. 1, 2005. He later won a legal fight against the city over retirement benefits.

Sanders was removed from the special intelligence division, which later disbanded, in January 2006.

A jury found him not guilty Feb. 20 of illegally accessing a government computer. A special state prosecutor dropped the remaining charge of conspiracy.

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