Federal judge dismisses discrimination suit
by Andy Phelan
andy@dekalbchamp.com
A federal judge dismissed a civil rights lawsuit Dec. 11 brought by three police officers against DeKalb County.
U.S. District Court Judge Thomas Thrash Jr. ruled that Malik Douglas, Jimmy Faust and Shane Smith, who said they were fired or disciplined for being part of a union in violation of their First Amendment rights, were punished instead for “violating DeKalb County policies.”
Smith, who is White, also accused the county and former chief Louis Graham of racial discrimination.
Graham abruptly left his post last year after Douglas secretly recorded him and his assistant Ray Flemister in an embarrassing, profanity-laced tape that made references to denying promotions due to race. On the tape, Graham was recorded saying the union had a “White agenda.”
Thrash ruled it did not prove discrimination and the clandestine tape was “in violation of DeKalb County policy” and showed misconduct by the officers, not the county.
It’s one of two discrimination cases against the CEO and the county. The other, a suit brought by former Parks & Recreation Department employees, is pending.
In September, Thrash ruled that recording of the CEO’s six-hour deposition in relation to these cases should be available to the public. The CEO’s attorney, Marc A. Taylor, had tried to seal the testimony
The CEO called the Douglas suit “frivolous” and showed that the county, now vindicated, had violated no laws.
Douglas, who said he was “floored” by the ruling, called it “very disappointing.” Douglas said he and his attorney David Ates would act this week.
“We are going to appeal to the 11th Circuit [U.S. Court of Appeals],” said Douglas. “We will be victorious in the 11th Circuit. We have a mountain of evidence that there was discrimination going on in the DeKalb County Police Department.”
Thrash, who called Douglas’ claims “logical gyrations, wild speculation and wading through muck,” also said the former officer engaged in a ticket slowdown campaign.
The judge said “evidence of engaging in a ticket slowdown and secret taping are both enough of a reason for termination.”
Douglas said he was just trying to follow county policy on tickets.
“The ticket initiative was in reaction to the higher ups wanting us to write more tickets,” said Douglas. “We were never disciplined or investigated. We were just trying to follow the rules.”
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