Evans v. State of Conn., 5-90-CV00027.

• Decision Date: 11 July 1996
• Docket Number: No. 5-90-CV00027.,5-90-CV00027.
• Citation: 935 F. Supp. 145
• Court: U.S. District Court — District of Connecticut
• Parties: Harold F. EVANS, Jr., Plaintiff, v. STATE OF CONNECTICUT, et al., Defendants.

935 F. Supp. 145

Harold F. EVANS, Jr., Plaintiff, v. STATE OF CONNECTICUT, et al., Defendants.

No. 5-90-CV00027.

United States District Court, D. Connecticut.

July 11, 1996.

COPYRIGHT MATERIAL OMITTED

Laviano Law Offices, P.C. by William M. Laviano, Ridgefield, CT, for plaintiff.

Richard Blumenthal, Attorney General of the State of Connecticut by Margaret Quilter Chapple, Assistant Attorney General, Stamfort, CT, for defendants.

OPINION

MOTLEY, Senior District Judge, Southern District of New York, Sitting by Designation in the District of Connecticut.

I. FINDINGS OF FACT

After hearing the testimony and weighing the evidence, exhibits received in evidence and the credibility of the witnesses, the court makes the following findings of fact:

A. The Parties.

Plaintiff Harold Evans is a 38-year-old black male who was hired by the Connecticut State Police in December of 1985.

He graduated from high school in Connecticut, attended Howard University for two years and then transferred to the American University in Washington, DC, from which he graduated with a B.S. in Administration of Justice in 1980. (R. 1/12/94 at 25-26). While at American University, plaintiff was employed as a special police officer for the campus security force, through which he attended a supervisor's training course at Northern Virginia Community College. (R. 1/12/94 at 35). In 1981, plaintiff attended the Newtown (CT) Municipal Police Training Academy, graduated, and became a member of the Town of Newtown Police Department where he was employed as a police officer for four years and nine months. (R. 1/12/94 at 26-27). During his service with the Newtown Police, plaintiff completed several additional training programs. (R. 1/12/94 at 38-44). In July 1985, plaintiff was accepted for enrollment at the Connecticut State Police Academy for training as a State Trooper.

Defendants are the Connecticut Department of Public Safety (DPS), the Connecticut State Police ("the police department" or "the state police") and the Commissioner of Public Safety, in his official capacity. (Hereinafter, collectively "the defendants"). The police department is organized under the DPS in a "quasi-military fashion." (R. 1/18/94 at 19). Although the personnel and structure of the police high command has changed somewhat over the last ten years, it appears that at the time of plaintiffs tenure, the head of the police department, Lt. Col. Mulligan, was the deputy commissioner of the DPS. Mulligan was responsible for and had the sole authority to terminate troopers and trooper trainees. (R. 1/24/94 at 27-29, 35-36). Under Mulligan were several majors, responsible for District Command, of which there are three in the state. Below the District Command is the "troop", of which there are eleven in the state, each led by a lieutenant with six sergeants as supervisors of the trooper and detective staff. (R. 1/18/94, at 18-20).

In order to provide background information on the racial composition of the police force, plaintiff introduced records, including several consent decrees, from a class action suit filed in the early 1980s. (See Pl.'s Exh. 21. (documents related to Men and Women for Justice, Inc. v. Lester Force, Civ. Action No. N-82-171 (D.Conn.)). There, plaintiffs had alleged, inter alia, that the police department had engaged in discriminatory practices in refusing to recruit or hire a sufficient number of blacks and latinos. (See Pl.'s Exh. 21 (Men and Women for Justice, supra., Consent Decree, dated February 10, 1984, at 2)). In order to remedy such alleged discriminatory practices, the parties entered into a consent decree which required the police department to "make future appointments of qualified minorities and non-minorities to the position of State Trooper Trainee in order to reach the goal that at least 10% of the persons serving as sworn personnel in the Connecticut State Police Department are minorities." (Id. at 3).¹

Further background information on the police force, obtained by plaintiff through discovery, revealed serious discrepancies in the manner in which white troopers and troopers of color were disciplined during the years 1985-1987. (Plf.'s Exh. 11).² In 1985, there were 846 white "sworn employees" (or troopers), 39 blacks, 21 hispanics and 3 "other"; in 1986, there were 881 white "sworn employees" (or troopers), 42 blacks, 23 hispanics and 4 "other"; in 1987, there were 906 white "sworn employees" (or troopers), 45 blacks, 13 hispanics and 4 "other". (R. 1/13/94 at 72). With regard to discipline: in 1985, there were 70 cases of discipline, with 60 of them involving white troopers and 10 "minorities"; in 1986, 53 total cases, with 36 involving whites and 17 minorities; in 1987, 57 cases of discipline, 44 white troopers and 13 minorities. (Pl.'s Exh. 11; R. 1/13/94 at 73, 224-226).

B. Plaintiff's Tenure with the State Police.

Plaintiff's first six months with the police were spent at the Connecticut Police Academy, as is the standard practice, where plaintiff was given extensive training in police procedures. (R. 1/18/94 at 24).

In December 1985, plaintiff successfully completed his training course at the academy and was assigned to "Troop G" of the State Police, which is located in Westport, CT. There he began his six-month "working test period" (WTP) as a Trooper Trainee. (See R. 1/12/94 at 100-102; R. 1/18/94 at 25).³ The first ten weeks of plaintiff's placement in the Westport Troop were spent in the "Field Training Officer" program (FTO), during which plaintiff was accompanied by an experienced officer as he conducted his routine assignments. (R. 1/13/94 at 154-155, 210-211; R. 1/18/94 at 24-25). Plaintiff successfully completed this stage in his training. (R. 1/13/94 at 210-211; R. 1/25/94 at 276; Defs.' Post-Trial Brf. at 2). Plaintiff's problems arose after concluding the FTO stage in his training but still during his probationary period.

Plaintiff produced as his Exhibit 1, a brief, written history of his tenure with the Connecticut State Police, written by Lieutenant Cornelius Kerwin, who, at the relevant times, was Trooper Commander at Barracks G where plaintiff was stationed. See Pl.'s Ex. 1 (hereinafter "Kerwin Report"). As Kerwin admitted, this report was a "paper trail", prepared by him at the request of his superiors after he recommended to them plaintiff's termination. (R. 1/18/94 at 48; 1/24/94 at 82-83; Pl.'s Ex. 12 at 201). Although plaintiff's reviews during the FTO period, which lasted into March 1986, were generally very strong, as defendants admit, the Kerwin Report documents several incidents that occurred during this time frame. As will become apparent, the Kerwin Report is a critical document for both sides in this case: for defendants, it purportedly provides a litany of plaintiff's objectionable conduct; for plaintiff, it merely shows that defendants cobbled together a host of minor and irrelevant incidents and disregarded favorable reviews and recommendations in order to justify the ultimate employment action taken. The Kerwin Report describes many of the incidents set forth below.

The first incident documented in the Kerwin Report arose out of a complaint filed in January 1986 (i.e., during the course of the FTO period) which alleged that prior to plaintiff becoming a member of the State Police he had provided a character reference for a friend of his who was a defendant in a pending criminal matter. (R. 1/12/94 at 59-73; 1/13/94 at 52-53). Plaintiff was reprimanded, told he should have used better judgment and was informed that no disciplinary action could be taken against him because the incident preceded his employment with defendants. (R. 1/12/94 at 59-73).

Another event documented in the Kerwin Report that occurred during the FTO period, on February 3, 1986, was an incident involving plaintiff when he was off-duty and driving with his sister in the car issued to him for use while off-duty. Plaintiff observed another automobile speeding on the highway and, believing the car to be a danger to other drivers, drove one-and-a-half miles at speeds of up to 95 miles-per-hour in order to catch up to the speeding car and clock its speed. Plaintiff employed the car's police light and siren in an unsuccessful attempt to stop the car. After plaintiff broke off the chase, the car exited the highway at an excessive speed, went through a guardrail, and skidded down an embankment. Plaintiff then attempted to provide aid to the crashed car's occupants. Plaintiff was reprimanded by Major Watson for having his sister in his car while engaging in this high-speed pursuit. (R. 1/12/94 at 84-95; 1/13/94 at 113-18).

Beginning in May, 1986, plaintiff received several "observation reports" from his superiors that indicated that plaintiff's performance was deficient in the areas of investigative techniques, report writing and compliance with department policies and procedures. (Pl.'s Ex. 1; Defs.' Post-Trial Brf. at 2). In addition, in May of 1986, Kerwin cited plaintiff for being the third lowest man in his troop that month because he had only 3.88 "per hour contact". In June of 1986, plaintiff was cited as third lowest man with 5.14 per hour contact.⁴ (Pl.Ex. 1).

Additionally, in early May 1986, plaintiff made an ethnic slur directed at an Italian-American colleague and was orally reprimanded by Lt. Kerwin. (R. 1/12/94 at 95-99). Plaintiff stated that while he had observed other troopers making similar remarks in the barracks, he was unaware of any disciplining of these troopers for such actions. (R. 1/12/94 at 95-96).

On June 18, 1986, purportedly as a result of the deficiencies defendants saw in plaintiff's performance, particularly his report writing, plaintiff's WTP was extended through mid-October 1986. (Pl.'s Exh. 1). Plaintiff stated that he knew of no other trooper trainees at the time whose working test periods were extended. (R. 1/12/94 at 101).

Several days later, on June 21, 1996, plaintiff...