Calif. Officers File Discrimination Suit, Again

July 4, 2012
Four Montebello police officers who were previously involved in a $30 million lawsuit against the city and former Police Chief Dan Weast have filed a new suit against his successor.

MONTEBELLO - Four police officers who were previously involved in a $30 million lawsuit against the city and former Police Chief Dan Weast have filed a new suit against his successor, Kevin McClure, making similar claims of racial discrimination and retaliation.

Montebello police Capts. Greg Wilsey and Brian Dragoo, Sgt. Kimberly Lundy and Lt. Ricardo Rojas filed the lawsuit against the city on June 11.

In it, they accuse McClure of racial and gender discrimination. The suit claims McClure: called singer Michael Jackson a "dirty black who liked children"; leered at women and referred to female employees in a derogatory manner; and dismissed cultural diversity training as "a bunch of (expletive)" after complaints arose that he removed African-American art from police headquarters.

The lawsuit also alleges that McClure routinely covered up investigations into illegal misconduct by Montebello officers, including a probe into an officer-involved shooting and excessive force allegations, and the misappropriation of the department's asset forfeiture funds to balance the city's budget.

Lundy, a bi-racial African-American woman; Rojas, a Latino; and Wilsey and Dragoo, whites who have been on administrative leave since September, are demanding a jury trial and seeking unspecified monetary damages.

"This is a case where a police department that's supposed to enforce the rules has actually broken the law, so we seek to right that wrong," said Bradley Gage, an attorney for the officers. "We hope to gain justice from the lawsuit and we hope we can protect the community by eliminating discrimination, harassment and retaliation from the Police Department."

McClure was installed as police chief in April 2011 after Weast retired under pressure from the City Council. McClure declined comment and referred questions to City Attorney Richard Kreisler, who did not return phone calls.

The Montebello Police Officers' Association stood behind McClure when its members last week issued a unanimous vote of confidence in the chief and his administration.

"The general consensus is that Chief McClure has brought a level of professionalism, expertise and stability to this department that had been lacking severely for several years prior to his arrival, which has resulted in improved public safety to the businesses and citizens of the community," union President Julio Calleros said in a statement.

This is the second round of lawsuits brought against Montebello and its police chief in three years.

In 2009, 13 officers filed a lawsuit against Montebello and Weast, whom they accused of being a racist and only promoting his "white friends." They also alleged Weast harassed, discriminated and retaliated against "whistle-blowers."

The police union at the time voted no confidence in Weast, whose tenure as chief lasted from March 2009 to January 2011. The lawsuit was eventually dropped.

According to the most recent suit, the four 20-year department veterans have been passed over for promotions on numerous occasions despite being more qualified than other candidates.

They were also shut out of their duties after speaking out against department cover-ups in the summer of 2011.

In the lawsuit, Dragoo and Wilsey, who at one point served as interim police chief, said McClure did not properly discipline an unnamed Montebello officer who had been arrested by San Diego police.

Montebello police Sgt. Chris Cervantes was arrested by San Diego police on July 23 when he was drunk, resisted arrest and claimed he was a federal agent while a guest at a raucous hotel party, authorities said.

Cervantes told San Diego police he was an agent of the federal Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) when officers searched his pockets, discovering bullets.

In another instance, the suit says Rojas believed an officer was lying about an officer-involved shooting and McClure refused to investigate. In January, Rojas completed a report that concluded the officer "had lied about the incident in an effort to cover-up information he had," the suit reads. Rojas claimed he was transferred to the transit bureau after refusing to re-interview the officer. No investigation has taken place.

In March 2011, Montebello police shot to death Jorge Jimenez after he led police on a car chase with his 3-year-old daughter in the back seat. Although Los Angeles County Sheriff's officials said Jimenez fired first, officials later backtracked.

In September, Dragoo and Wilsey were placed on administrative leave for reasons the suit said were "undefined."

In April, McClure issued a notice of intent to terminate Wilsey and Dragoo.

"It's part of a pattern of retaliation and harassment," Gage said.

[email protected]

626-962-8811, ext. 2446

Copyright 2012 MediaNews Group, Inc. and Los Angeles Newspaper Group, Inc.All Rights Reserved

Sponsored Recommendations

Build Your Real-Time Crime Center

March 19, 2024
A checklist for success

Whitepaper: A New Paradigm in Digital Investigations

July 28, 2023
Modernize your agency’s approach to get ahead of the digital evidence challenge

A New Paradigm in Digital Investigations

June 6, 2023
Modernize your agency’s approach to get ahead of the digital evidence challenge.

Listen to Real-Time Emergency 911 Calls in the Field

Feb. 8, 2023
Discover advanced technology that allows officers in the field to listen to emergency calls from their vehicles in real time and immediately identify the precise location of the...

Voice your opinion!

To join the conversation, and become an exclusive member of Officer, create an account today!