UPDATE JAN 2019
***case dismissed in favor of Defendants..No. 17-35895.***
https://law.justia.com/cases/federal/appellate-courts/ca9/17-35895/17-35895-2018-10-18.html
---- READ FULL COMPLAINT Filed 07/01/16 Williams v City of Bellevue / Stephen Mylett
Case 2:16-cv-01034-JPD
Former Bellevue police officer sues department, alleging discrimination
A former Bellevue police officer is suing the city and police chief, alleging he was discriminated against and wrongly fired after raising concerns when his supervisor called him “chocolate face.”
Edward Williams was fired by the Bellevue Police Department in September 2015, less than one month after he discovered that his then-supervisor Kevin Quayle — who was fired earlier this year — had referred to him using the derogatory term. Williams also states in his lawsuit that Police Chief Steven Mylett told Williams he did not fit in “culturally” with the department.
“We believe the complaints about Officer Williams’ performance were orchestrated in order to get rid of an officer who brought forward pretty significant concerns of racism,” Williams’ lawyer Jason Rittereiser told the Reporter.
City spokesperson Brad Harwood said in a statement that the city investigated Williams’ complaint and found no evidence of discrimination or retaliation. An internal memo obtained by the Reporter states that Williams was struggling during his field training.
“I take my responsibilities toward public safety seriously — this sometimes includes making difficult personnel decisions. Based on the recommendation of the Field Training Officer Board, it simply did not appear Officer Williams had the skills necessary to succeed in the department and adequately serve the residents of Bellevue,” Chief Mylett said, adding that he has always agreed Quayle’s comments were offensive and he stands by firing Quayle.
Quayle’s remarks were uncovered when the department began investigating claims made against him in March 2015. Among the allegations brought forth by Quayle’s former girlfriend was that he had made disparaging remarks against Williams and a female officer, whose weight Quayle mocked in more than one text message exchange.
Former girlfriend Carissa Blume and fellow officers stated that they had heard Quayle use the word “n****r” and a derivative term, “nagger.”
Others reported that Quayle was a fan of a song called “It’s so cold in the D,” which included the lyrics “What’s all on a n****r’s ind? Murkin’ and doin’ time”. Officers investigating Quayle’s behavior defined “murking” “looking sketchy by wearing your hood up and dressing in dark colored clothing,” according to police department documents.
“While none of the witnesses stated that you are a racist, you did tend to banter with others with jokes and quotes that included racially insensitive language,” a department notice of termination stated. “You tried to minimize your words and jokes by claiming you were joking around.”
Following a meeting between Williams, Quayle and shift supervisor Lt. Benjamin Buck on Aug. 24, during which Williams stated in court documents that Quayle was made to give an insincere apology, Williams noticed a change in Buck’s demeanor towards him. The following day, Buck had began drafting a scathing report of Williams’ performance that he shared with another police lieutenant, according to court documents.
The formal investigation into the half dozen complaints against Quayle had been reopened when Williams met with Chief Mylett on Sept. 9, 2015 to discuss his performance. The chief reportedly criticized Williams’ performance. A department memo dated the same day outlined Williams’ performance pitfalls.
Williams had reportedly been struggling during his field training program — which Williams states he passed in July 2015 — and was moved to six weeks of in-house training and an academy for transfers from other police departments. Williams had transferred from the Macon Georgia Sheriff’s Department in 2014, where he had reportedly received several commendations.
Training officers noted that Williams was struggling with case law, department policy, officer safety and other areas. In one incident on Aug. 30, 2015, a corporal reported that Williams had violated policy and released a suspect who had been so intoxicated he had vomited during booking without waiting for a sober acquaintance to help him home.
Rittereiser said that all transfer officers must go through the transfer academy and that he is very skeptical of the termination memo.
“I think it’s troubling for two reasons — one was the timing of the draft of concerns with his field performance, which was after his passed field training. Also, when this memo was drafted, there was some internal skepticism from members of the department.”
Williams was terminated on Sept. 14, 2015. After the investigation into his behavior was reopened twice, Quayle was terminated on Jan. 29, 2016. A trial date has been set for November 2017.
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