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Berry v. City of Bossier City9/8/2005
he seniority system, it's a good system, I like that system.
Affidavit
In a September 2004 affidavit, McGee stated that, after reviewing the evidence used to certify him, he now believed that he had facts supporting his contention that he was unfairly certified based on his race. He said that he intentionally performed the agility test slower than his ability due to "incomplete and apparent misleading advice" by BCFD's "all White" staff of training officers, who suggested that he take his time to avoid mistakes that would eliminate him from passing the test but to still finish within the time limit. He was told that the test was pass or fail and that he only had to pass to be considered for the next class. He stated he was never told that the agility test times were a factor considered toward his certification.
McGee also said in his affidavit that his class was given a second agility test which no other class was ever required to do. He was not told the scores of this test were going to count toward certification. He had the slowest score on his second agility test and it adversely affected his class certification.
When his class took EMT exams, he made the second highest score; however, he was later told these scores did not count toward the class' certification.
LACOURE'S CLAIMS
Deposition Testimony
On the issue of hostile work environment, Lacoure made the following responses in his September 2002 deposition:
Q: Do you ever believe there was a racial slur directed at you by a member of the Bossier City Fire Department?
A: Yeah.
Q: When?
A: Times like at number four, when John and myself, John Woodfin, have said something to each other.
Q: What was said when?
A: He call me a black skinhead, you know, black MF, this or that, you know.
Q: Have you ever called him similar names?
A: Yes.
Q: You just switch the word from black to white?
A: Probably.
Q: He calls you a black skinhead, you call him a white skinhead?
A: That's right.
Q: If he calls you a black MF, you call him a white MF?
A: That's right.
Q: If he calls you a black this-and-that you called him a white this-and-that?
A: Right. . . . .
Q: Wherever the places you were working together you were friends with Mr. Woodfin?
A: Yeah. . . . .
Q: Give me any time that you believe Mr. Woodfin was making a racial slur against you, specific occasions. . . .
A: There was a time at number eight that Sheldon Jones said that [Woodfin] . . . referred to me with the N-word. . . . .
Q: Give me any other occasion . . .
A: We was just discussing, you know, that [O.J. Simpson's] wife was dead, it was a white woman and you know, O.J. was black, he was going to get off, he had money, different stuff like that. . . . .
Q: Is there any other race-based discrimination that you know about that you haven't already told me about here in this deposition?
A: Oh, well, it's just like the time at number five when, you know, Captain Digilormo made a statement or was making, quote, unquote, the joke about Tiger Woods. . . .
Q: What did Captain Digilormo say?
A: What do you call 100 men chasing a black man? . . . Well, then he told the punch line, the PGA.
On the issue of racial discrimination as to certification, Lacoure testified:
Q: Do you have any facts to suggest that the certification of
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