PAYING FOR THE PAST - City settles federal police discrimination suit

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By Stephen Janis

A federal civil rights lawsuit that accused the Baltimore city police department of systemic discrimination against black police officers has been settled for $2.5 million dollars.

The details of the settlement are listed on the Monday’s board of estimates minutes awaiting board approval on Wednesday.

The settlement calls for a $2.5 million payment to the fourteen officers who joined the lawsuit filed by Sergeant Louis Hopson, a civil rights activist and veteran police officer who has fought a pitched battle against discrimination in the department for nearly two decades.

 

The lawsuit was filed in 2004, citing sustained EEOC complaints and discrimination against black officers in the form of uneven and prejudicial internal disciplinary system.

The settlement marks a stark turnaround from a department that has vehemently denied that discrimination was an issue

Two years ago then Commissioner Leonard Hamm bristled at a story written by this reporter that revealed that roughly two thirds of the department’s top 55 commanders were white. At the time 8 of the nine district commanders are white, a ratio that has seen little change under the leadership of Mayor Sheila Dixon, who is black.

The city legal department spent millions of dollar fighting the suit, which dragged on for more than four years, as the city fought the plaintiffs lawyers through the entire discovery process.

Plaintiffs sought to obtained detailed outcomes of internal disciplinary cases by race and rank, hoping to prove that black officers was punished more severely and often than white officers for similar offenses.

But the document flow bogged down, as lawyers for the officer and city fought over the usefulness of information which plaintiffs argued was incomplete.

At one point, thousands of disciplinary records were shredded by police cadets just hours before they were scheduled to be turned over to plaintiffs. City lawyers explained the inopportune shredding as mistake by the supervisors in Internal Affairs, who destroyed the documents because of a shortage of folder files.

Late last year, as the suit hit a standstill, then Federal Judge Paul Grimm appointed a “special master” to oversee the discovery process.

It is unclear what lead to the settlement, as the federal docket has been relatively clear since then and neither party would comment prior to the board’s approval.

The lawsuit, filed in 2004 by Sergeant Louis Hopson, was based on sustained EEOC complaints and allegations that black officer were punished mo9re several for similar offense than black officers.

But the suit also argue that the department made concerted efforts to deny black officer entry onto the force by conspiring to flunk black officer who took polygraph tests, preventing black officers from joining the force.

The loss is the latest in a string of setbacks for a department that has touted racial harmony while filling top command positions with few minorities.

In 2008, the department paid a black Sergeant Robert Smith $200,000 to settle an ongoing dispute with the department after he was charged with a sex offense that he could not have committed because he was off duty at the time. The charges stemmed from allegations of rape against Jemni Jones, who was later acquitted by a city jury. However, the department did not charge the white sergeant who was on duty the time the alleged sexual assault occurred.

More recently the department promoted a white officer at the center of a controversial case in which a black homicide Sergeant Kelvin Sewell alleged he was ordered to view KKK web sites by a white superior. Even though the charges were sustained by the EEOC, the department dropped the case after firing Joanna Woodson-Branche, the former trial board chief citing irregularities,.

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Comments (10)
Police Racism must be on the National agenda
10 Friday, 03 July 2009 23:16
Raymond Carnation
I along with two other Philadelphia Police Officer that opposed racism against African Americans
in our department was fired for doing so in 1999. The case is Myrna Moore vs. the City of Philadelphia
it set precedent .
Police Racism must be on our National Agenda.
Our President needs to be inform on this wide spread problem.
Warmest Regards,
Raymond Carnation
This e-mail address is being protected from spambots. You need JavaScript enabled to view it

http://www.counterpunch.org/washington05162008.html

http://www.officer.com/web/online/Top-News-Stories/3-Former- Philadelphia-Officers-Win-10-Million-Lawsuit-Against-City/1$41422
Is Anyone Surprised?
9 Tuesday, 23 June 2009 14:08
Miss G.
When the top people in a city are involved in scandal, what do you expect? We have a mayor accused of theft and perjury, a city councilwoman accused of bribery and a host of others who've been cited for their connections with it all. The mayor continues to praise the PD for the good work they are doing, but crime is increasing. If the Civilian Review Board was an effective board instead of a rubber stamp, there would be a whole lot of police misconduct to speak about. Conveniently, the good ole' commissioner has the final word on the complaints. Is anyone surprised?
One more thing
8 Tuesday, 23 June 2009 01:52
Retired With Loyalty To None
If the BPD was squeaky clean then they sure didn't show it. I'm sure that there was some meat to the complaint, the settlement a little much if you ask me, but it's a great penalty for destroying documents and looking guilty as sin.

How about Debbie's sustained EEOC complaints against her. Is this a sign that she should be dumped ASAP?
Hop-Sing
7 Tuesday, 23 June 2009 01:49
Retired With Loyalty To None
Way to go Hop-Sing, you proved your point. I think that it's ironic that Lou Hopson's name is all over this. He who should have been fired when he lied on a search & seizure warrant 20 plus years ago, should have been fired when he lied in circuit court, and should have been fired because he can not work the street as a police officer because federal law prohibits him from possessing a firearm (domestic assault back when he was a rookie). If the department really had fired who needed to be fired they wouldn't be in this mess. The poster boy for unfair treatment of black officers is the one who should have been disciplined the harshest but he had a rabbi or two look after him. Maybe now he can move on and retire so that his slot can be filled by a police that actually has police powers. He claimed discrimination on that too. Said the federal law was only being enforced because he was black when two white officers with the same problem abruptly left the agency.

Fresh idea here, how about police going out and doing their job, white, black, male, female, and shit can the cry babies and malcontents. That would be a fresh start for the PD. They had black leadership in Clark and Hamm and look at the mess those two created......beyond repair! Let's not forget the great job Eddie Woods did. It puts to shame the great work that Robinson and Tilghman did. Both black, both rose during a "good ole white boy system" and both were effective leaders. Race has nothing to do with leadership and getting the job done, it's just a crutch for those with short comings to use to justify their failings.
BE ADVISED
6 Tuesday, 23 June 2009 00:57
Bob Smith
Baltimore City Gov't cannot be fixed. It's a dog with rabies. Nothing we can do but put it to sleep. Understand! Governments are like cars, houses, and machines. When they no longer work properly and just suck up your money, you junk them. Useless cars are taken to the junk yard and stripped for parts. Useless houses are demolished and new structures are built in their place. Governments are no different.
This city government is about to become as lame as a three legged horse. The weakest branch of city gov. is the police dept.
The time has come to discuss what style of government we want to set up in its place.
Discrimination in BPD
5 Monday, 22 June 2009 23:35
LiveFreeorDie
This payout -- which is theoretically more than 2.3 million ABOVE the statutory maximum -- makes it crystal clear that the plaintiffs were right and the city was liable. For shame on the BPD for its conduct. Congratulations to the plaintiffs.
Lawsuit
4 Monday, 22 June 2009 22:59
I love City life
Kudo's Brother James! Spending 2 million dollars of the City's money to settle a discrimination lawsuit within the Baltimore Police Department? What's the point here? Where's this money going? How do the Baltimore City residents benefit? More-over how does this affect the Police Departments racial harmony as a whole? In these tough economic times it's hard to believe that the City of Baltimore will be forced to put a money band-aid on a 15 year old festuring wound. But on a good note it might keep Louis Hopson's big fat mouth shut for a while, at least until the money runs out.
What's Wrong Wtih Spending Millions To Say You're Not Racist?
3 Monday, 22 June 2009 14:17
A.F. James MacArthur Ph.A.L.
Come on, it's not like it's there money.

Mayor & City Council Motto: Spend All You Want, They'll (citizens) Give More
Baltimore Police Department Does Not Have A Race Problem
2 Monday, 22 June 2009 14:08
A.F. James MacArthur Ph.A.L.
Despite losing a case for over $2 million dollars, there's not a problem. Love the part about all the cadets shredding thousands of pages of files. If you gonna get dirty, might as well get the hands of others soiled too. Especially if they're innocent.

So with a command staff mostly, white, I'm sure instiutionally, the BPD is quite sensitive to racial issues in regards to their majority black jurisdiction.
Discrimination Lawsuit
1 Monday, 22 June 2009 14:07
Brother James
I would like to know the amount of money the City of Baltimore have spent in satisfying Discrimation Lawsuit over the past 15yrs. We wonder why our City don't have any money to keep pools, recreation centers, and summer jobs for our kids. When you have your Mayor all mixed up in her corruption problems in the court system who should we trust as the REAL CRIMINALS in our City. What is wrong with the citizens of Baltimore City and when are we going to wake up and see what really is going on here and say enogh is enogh and run all these CROOKS out of government here in Baltimore.

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