Former APD lieutenant wins racial discrimination lawsuit; jury awards him $1.5 million
After more than eight years, former Austin police Lt. Johnny McMiller won his racial discrimination and retaliation lawsuit this week. Former Lt. Johnny McMiller, a former lieutenant with the Austin Police Department (APD), has won $1.5 million in a jury verdict following a lawsuit alleging racial discrimination and retaliation by top brass, including former chief Art Acevedo. The lawsuit details a case that led to McMiller being investigated for insubordination, neglect of duty, and dishonesty after an incident involving a sergeant who was supposed to be working for Capital Metro who was not on shift during a shift in June 2015. McMiller was fired in December 2015 after a 15-year career with the department. The jury's decision was not unanimous, with jurors being in the 12-person jury for nearly a week's worth of evidence. Despite appeals, an arbitrator found McMiller had left the department in good standing and owed 1,700 hours of sick leave.
Publicados : 4 semanas atrás por , Austin American-Statesman no
A former lieutenant with the Austin Police Department who filed a lawsuit alleging racial discrimination and retaliation by top brass at the time — including former chief Art Acevedo — won $1.5 million in a jury verdict this week.
Lt. Johnny McMiller, who is Black, was fired after a 15-year career with the Austin Police Department in December 2015. The details that led to his termination were part of a lawsuit filed in Travis County in 2017.
The trial for McMiller's lawsuit against the city of Austin took place over the last week in Travis County's 200th District Court. The jury reached a decision on Tuesday after hearing nearly a week's worth of evidence.
“While we very much appreciate the jury’s time and attention to this employment retaliation lawsuit stemming from a 2015 disciplinary decision, we were surprised and disappointed with the result," Meghan Riley, division chief of the city of Austin's Law Department, said in a statement. "We continue to review the jury findings and will work with our client to determine the necessary post-verdict steps to take.”
The lawsuit details an incident from June 2015 that led to McMiller being investigated by the department's internal affairs division.
McMiller did off-duty work for Capital Metro through a contract with the Austin Police Department. During a shift in June 2015, a sergeant who was supposed to be working for CapMetro left his post for a few hours, according to the lawsuit. This was discovered by another lieutenant who co-managed the CapMetro contract, along with McMiller.
The lieutenant who discovered what happened reported it to CapMetro, and that sergeant was terminated from that off-duty job, although he still worked with the Austin Police Department, the lawsuit said.
That same sergeant then applied for a vacant position within the Austin Police Department months later. The lawsuit states that he was the only one to apply but was rejected. McMiller believed this was retaliation for the incident with CapMetro and because the sergeant was Black.
McMiller reported his concerns to former assistant chief Patrick Ockletree, hoping it would settle the matter, the lawsuit stated. However, this prompted the Austin Police Department to open up an investigation into McMiller for not reporting the sergeant's disappearance during that CapMetro shift.
An internal affairs investigation was not opened against the other lieutenant who discovered the sergeant wasn't actually on shift, the lawsuit stated.
The lawsuit notes that McMiller had never seen other officers investigated because they were let go from off-duty work, as what happened to the sergeant, because it's a common occurrence.
While under investigation, McMiller was unable to work off-duty assignments, something the lawsuit noted wasn't happening to other officers who weren't Black and had more "serious allegations."
"By placing McMiller under investigation, he believes it is a continuation of former chief Acevedo's discriminatory and retaliatory behavior against him," the lawsuit said.
McMiller was told in December 2015 that the result of the internal affairs investigation sustained the allegations of insubordination, neglect of duty and dishonesty, and that he could retire or be terminated, the lawsuit said.
Gary Bledsoe, a lawyer representing McMiller, said the former lieutenant chose to retire. However, before his retirement became effective, he was "indefinitely suspended," or fired, from the department. McMiller appealed his termination, court records show.
In January 2016, Acevedo issued McMiller a dishonorable discharge, which he appealed. A couple of days later, his indefinite suspension was changed to a written reprimand, which meant McMiller would not receive a payout for his accrued sick leave, court records show.
Weeks later, McMiller and the Austin Police Association filed a grievance for an arbitration decision related to McMiller being improperly denied his sick leave payout. An arbitrator decided months later that McMiller had left the department in good standing and was owed 1,700 hours of sick leave.
McMiller was represented in the case by Bledsoe and Nadia Stewart. The decision was not unanimous, with 10 of the 12 jurors being in favor of McMiller.
“After nine years, justice has finally been rendered and my name and reputation cleared thanks to the 12men and women who sat on the jury and judged the merits of my case impartially. I feel as if a burden hasbeen lifted,” McMiller said in a written statement. “My wife and I are deeply grateful to the jurors who gave their time and efforts to righting the ship.”
Tópicos: Lawsuits, Racial Injustice, Social Issues