45 Flint cops to get day in court for reverse discrimination lawsuit against city and Don Williamson

FLINT, Michigan -- A showdown is coming between former Flint Mayor Don Williamson and 45 city police officers who claim they are the victims of reverse discrimination.

And it could cost Flint taxpayers millions if the cops win.

A federal judge this week refused the city's request to toss a lawsuit that claims Williamson passed over qualified white officers when he handpicked five officers for his Citizens Service Bureau in 2006.

Four of the officers were black men and one was a white woman.

The lawsuit filed by 45 white officers claims that Williamson "unlawfully discriminated against them when Williamson personally selected officers on the basis of race" for the department.

"We're looking forward to vindicate these police officers," said attorney Glen M. Lenhoff, who is representing several of the officers. "Discriminating against black people is a horrible thing, and we think discrimination against white people is a horrible thing, too."

A city spokesman declined comment on the suit.

Such cases have been costly for the city.

In 1995, a police officer who claimed she was fired because she was white sued the city and won nearly $1 million.

Williamson wasn't bothered by the decision to send the Citizens Service Bureau lawsuit to trial.

"I know I'm not wrong," Williamson said. "We did everything we could to be racially diverse."

Williamson said he based his choices on experience.

But a federal judge said there was enough to send the case to a jury based on Williamson's statements that "we wanted to pick as equal as we could black to whites when we did this."

Williamson said in a deposition that he initially offered CSB positions to two white officers but they turned him down, according to court records.

The city's director of human resources Deirdre Pitts said in her deposition that she gave Williamson a list of officers with at least 10 years of service also included a ethnic code.

Pitts said she believed race played a part in Williamson's selections, according to court records.

Lenhoff believes Williamson made his choices to appease the NAACP and the Flint Afro-American Police League after they voiced concerns about a lack of minorities in command commissions.

The positions were not posted, no applications were taken and no exams were administered for the CSB jobs, according to the suit.

"We just think he thought it was politically expedient to do it," Lenhoff said, referring to Williamson's 2007 mayoral election.

The CSB was disbanded several months after Williamson won reelection.

The lawsuit is filed against both the city and Williamson, meaning Williamson could be held personally liable for damages if the city loses.

The judge, however, said there is "still a considerable problem with the case in establishing damages" if the officers win.

In his decision to send the case forward, U.S. District Judge Avern Cohn said it appears the officers did not all suffer the same and a separate trial would have to be held to determine any damages.

The two sides are expected back in court next month.

http://www.mlive.com/news/flint/index.ssf/2009/05/45_flint_cops_to_get_day_in_co.html