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Berry v. City of Bossier City9/8/2005
Before BROWN, GASKINS and PEATROSS, JJ.
This appeal arises from a lawsuit by African-American firefighters alleging racial discrimination within the Bossier City Fire Department (BCFD). The City of Bossier City appeals from the trial court's failure to grant summary judgment dismissing all of the claims of two of the firefighters, Jimmie McGee and Cameron Lacoure, on the basis that their deposition testimony established that there had been no discrimination against them. We reverse.
FACTS
On January 25, 2002, 23 African-American firefighters and 15 of their spouses filed suit pursuant to Title VII of the Civil Rights Act of 1964 and La. C.C. arts. 2315 to 2324. Named as defendants were the City of Bossier City, Fire Chief Donnie Faith, City Attorney James Hall, Police Chief Mike Halphen and Investigator David Shanks. The petition alleged numerous types of racial discrimination within the BCFD, including discriminatory hiring practices, creation of a racially hostile work environment, and discriminatory disciplinary practices. They also alleged retaliation. According to the petition, Chief Faith failed to implement promised reforms. The plaintiffs also contended that an investigation conducted into the matter by Shanks was a "sham"; they alleged that Shanks was hired by the city attorney on the recommendation of the police chief, who promised Shanks investigative work on behalf of Bossier City in exchange for a report favorable to the BCFD.
In their answer filed on February 14, 2002, the City, Faith, Hall and Halphen generally denied the allegations. Among other things, they also asserted prescription, qualified immunity, discretionary action of a public entity and official, and failure of the plaintiffs to exhaust their administrative remedies. Shanks filed a general denial.
On March 5, 2004, the defendants filed a motion for summary judgment seeking dismissal of the claims of plaintiff Jimmie McGee. The defendants asserted that McGee admitted in his deposition that he had no facts to support the claims in the lawsuit and that he did not believe that he had been discriminated against in hiring, training, seniority, promotions or discipline. Nor did he believe that he had been subjected to a racially discriminatory work environment or ever been retaliated against. He also had no complaints about the Internal Affairs investigation.
On March 8, 2004, the defendants filed a similar motion for summary judgment as to the claims of Cameron Lacoure and his wife Unique Lacoure.
The plaintiffs filed oppositions to the motions for summary judgment. In addition to memorandums opposing the motions, the plaintiffs filed lists of exhibits to be considered which included the affidavits of McGee and Lacoure. In his affidavit, McGee stated that, after reviewing information used to certify him, he now believed he had facts showing that he was unfairly certified based on his race. He said that while performing the agility test he was told by the white training staff to take his time and not make mistakes which would eliminate him from passing the test. He later learned that the agility test was a factor in the certification process. Also, his class was given a second agility test upon which he received the slowest score. He received the second highest rating on the EMT test but learned later that it did not count toward certification. In his affidavit, Lacoure stated that since reviewing information provided by the defendants, he now believed that he had facts showing that he was unfairly certified based on his race. While told that he had to take the civil service exam to be hired, Lacoure stated that he was never told his score would be coun
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