http://www.greenwichtime.com/news/local/scn-gt-a1policecivilsuitdec12,0,418969.story?coll=green-news-local-headlines
By Martin B. Cassidy
Staff Writer
December 12, 2006
Minority police officers have withdrawn allegations of racial
profiling from a federal civil rights lawsuit against the
department and town, but added new charges that police brass
retaliated with discipline against theplaintiffs because of the
suit.
The amended complaint, filed by the officers' attorney Lewis
Chimes last week, alleges that as a result of the litigation the
department has selectively disciplined the plaintiffs for trifles
normally allowed to pass, and continued a prejudicial pattern of
passing over minority officers for special assignments such as
detective, field training officer, and investigating accidents in
favor of less qualified whites.
The revised complaint withdraws allegations that Greenwich
officers have treated civilian minority arrestees and
complainants worse than their white counterparts, and that white
officers racially profiled minority members of the public.
Among the allegations were that officers disrespected and mocked
minority arrestees, witnesses, and complainants, set higher bonds
for minorities than white, and pulled over minority motorists
without pretext.
The town and police department had felt from the beginning of the
lawsuit there was no proof for the charge that officers
discriminated against the public, William Wenzel, the Bridgeport
attorney representing Greenwich in the case said.
In its response the town has acknowledged instances of racist
remarks made by officers, but said those offenses resulted in
discipline.
"From the start of this case we've told the plaintiffs
attorneys that there was no basis for those claims," said
Wenzel, an attorney for Pullman-Comley LLC. "I'm glad to see
they are going to remove those from the case, because they have
nothing to do with this case."
Chimes declined comment on the amended complaint.
The amended complaint also charges that since the lawsuit was
filed in June, the department has continued to pass over the
minority plaintiffs for assignments and promotions in favor of
less qualified white officers, and that two of the plaintiffs
have been selectively disciplined as retaliation for the filing
of the suit.
According to the revised complaint, in June, Officer Robert Brown
was not considered for the position of accident
reconstructionist, which was given to a less senior white
officer.
Brown was also reprimanded for failing to appear in court on a
subpoena in connection with a motor vehicle infraction summons, a
routine failure among police officers, the suit said.
The complaint also charges Officer Vincent O'Banner, who is
black, was suspended for three days this September after a police
sergeant intervened in a discussion between O'Banner and another
sergeant.
Included in the discipline was that O'Banner had forgotten his
duty belt, an oversight that usually goes unpunished by
supervisors.
"Greenwich officers routinely forget items such as duty
belts and borrow those items from other officers for duty without
being disciplined," the complaint said. "Nevertheless
O'Banner received a warning as a result of this trivial
incident."
Wenzel said that there is no evidence that the discipline was
uneven or discriminatory.
"The concern that any defendant in a case like this has is
that a party that has asserted a claim for discrimination will
think any discipline against them in the future is retaliatory,
without any real basis in fact for making that charge,"
Wenzel said.
Attorneys for both sides said a settlement conference has been
scheduled in the case for Jan. 23 in U.S. District Court in
Bridgeport with Judge William Garfinkel presiding.
Chimes declined comment on the amended complaint.
The eight plaintiffs in the suit, are Officers Terral Hardy, John
Rodriguez, Scott Johnson, Carlos Franco, John Woodward, Robert
Brown, Vincent O'Banner, and Anthony Cameron. Cameron, who is
added as a plaintiff in the revised complaint, alleges he was
deprived training opportunities and been subjected to
discrimination and harassment through his career.
The complaint alleges that Cameron, a Greenwich officer since
1983, was removed from his assignments in the department's Marine
Division and patrolling backcountry Greenwich, assignments often
given to senior officers. He was replaced by more junior white
officers, the suit contends.
Wenzel questioned why Cameron wasn't party to the original
complaint if he had suffered discrimination for many years.
"On first reaction it is surprising that after all this time
the proposed additional officer is someone who has apparently
been with the department for many years and has just apparently
appreciated that he's been the target of discrimination,"
Wenzel said.
The town also faces a Commission of Human Rights and
Opportunities investigation about a case in which a group of
minority women said they were discriminated against when they
were denied entry to Greenwich Point Park.
Copyright © 2006, Southern Connecticut Newspapers, Inc.