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GREENSBORO — The U.S. Department of Justice will not pursue the case of 39 black police officers suing the city on charges of racial discrimination. But an attorney representing some of the plaintiffs said the case would move forward, regardless.

It’s unclear why federal officials withdrew their stake in the lawsuit. Lawyers on both sides wouldn’t offer any reason.

City Council members said they were alerted to the Justice Department decision by City Attorney Terry Wood but did not receive details.

Mayor Pro Tem Sandra Anderson Groat said the council could proceed two ways: settle or let the lawsuit take its course.

“For public trust’s sake, we should let these run (their) course,” she said.

Wood would not elaborate on the development when reached by phone Monday.

Ken Free Jr., an attorney representing some of the officers involved in the suit, said the Justice Department gave his clients the right to sue.

“The type of discrimination that was alleged with the (Equal Employment Opportunity Commission) — you have to go through the EEOC and DOJ first,” Free said.

“Then, they’ll make the determination on that point on whether they will proceed or they will let you proceed.”

Free said he would speak to his clients and the case would likely continue in federal court. He declined to comment on why the Justice Department wouldn’t proceed.

The lawsuit accuses the city, former police Chief David Wray, former Deputy Police Chief Randall Brady and Detective Scott Sanders of a pattern of harassment and discrimination that included a photo lineup or “black book” of black officers used in a criminal investigation.

The lawsuit also claims a breach of contract — saying the city broke its own confidentiality clause by releasing information about a potential $750,000 settlement with the officers last fall.

Councilwoman Trudy Wade is accused of helping a local newspaper publicize the settlement offer and names of the officers in the suit.

The offer was later withdrawn.

Attorney Seth Cohen, who represents Brady and Sanders, wrote the City Council on Monday saying he believes the Justice Department pulled out after a federal attorney recently met with Sanders for several hours about discrimination claims.

“Officer Sanders answered all the questions which had initially concerned (DOJ Senior Trial Attorney Toni) Jackson,” Cohen wrote.

“He explained in detail why various investigations were conducted involving African  American police officers. He explained why the so-called black book was created and how it was used. He openly and honestly set the record straight.”

As a result of saving the city money in a costly battle against the federal government, Cohen wrote, the city should pay Sanders’ legal fees.

The Justice Department this year claimed city attorneys were not cooperating with their investigation based on an incorrect interpretation of the state employee personnel privacy laws.

Staff writer Amanda Lehmert contributed to this report.

Contact Ryan Seals at 373-7077 or ryan.seals@news-record.com