Oct. 18--RICHMOND -- The fifth of seven high-ranking Richmond police officials who unsuccessfully sued the city for alleged discrimination has agreed to drop further litigation and retire.
Cleveland Brown, a 30-plus-year officer, agreed to forfeit any future legal rights against the city but will still receive full pension benefits through the California Public Employees Retirement System (PERS), according to an agreement signed by all parties Tuesday. The city also relieved Brown of any portion of the $439,000 a Superior Court judge levied against him and the other plaintiffs to reimburse the city for court costs and other expenses incurred as a result of their lawsuit, which was rejected by a jury in April.
"There is no question the city prevailed," said Geoffrey Spellberg, who heads the city's legal defense. "There was absolutely no racism, discrimination, retaliation or anything of that nature in the Richmond Police Department."
Brown, 53, is allowed to retire as a captain, the position from which he was demoted in 2009 for filing a workers' compensation claim after suffering a knee injury while watching television at his home.
Brown worked sporadically in recent years and spent every day in the courtroom during his failed lawsuit.
Brown's attorney, Jonathan Matthews, said Wednesday that the deal "restores his captain status, which was very important to him."
"We've seen a continuing commitment to diversity by Chief (Chris)
Magnus in his hiring and promotions in recent years, and the progress is in part because of the actions that Cleveland took."
Brown's agreement brings the city one step closer to closing an ugly -- and costly -- chapter.
In April, after a three-month trial, a jury rejected the plaintiffs' discrimination lawsuit against the city, Magnus and retired Deputy Chief Lori Ritter. Brown and his co-plaintiffs alleged that Magnus and Ritter, both of whom are white, fostered an environment of racial insensitivity and collusion to thwart the advance of African-American officers.
Four of the officers -- Brown, Lt. Johan Simon, Capt. Eugene McBride and Sgt. James Jenkins -- have agreed to retirement terms with the city that include ceding legal rights to pursue further litigation and being relieved of responsibility to pay any portion of the fine. One officer, Lt. Michael Booker, struck a separate deal, agreeing to give up litigation and pay the city $20,000 while continuing to work for the department, according to city records.
Lt. Arnold Threets and Lt. Shawn Pickett are now on the hook to reimburse the city for more than $400,000. Both are party to a new discrimination suit against the city that is scheduled to be heard in federal court in January.
The city has already spent more than $4 million on its legal defense. The plaintiffs' failed lawsuit demanded more than $18 million.
"Now is the time to be moving forward and stop spending resources," Spellberg said. "These lawsuits have no value to the plaintiffs."
The agreement brings an end to a long and colorful career for Brown, an ebullient, engaging personality who was known in all neighborhoods of Richmond since he was hired by then-Chief Earnest Clements in the late 1970s. Born and raised in the Easter Hill neighborhood of South Richmond, Brown rose to the second-highest position within the department before Magnus took over in 2006 and quickly ran afoul of Brown and his colleagues.
Brown had his troubles, too. He was convicted of a crime while serving as an active officer. Brown pleaded no contest in 1985 to a misdemeanor charge of selling cars without a license and was accused by fellow officers of defrauding them by failing to deliver after they paid him to find and import expensive German vehicles.
During the trial, it was revealed that the Richmond native had moved to Las Vegas and took commercial flights to his shifts.
Councilman Corky Booze said it was a sad end to a career.
"He made his bed, and now he has to lay in it," Booze said. "It's all too bad. None of this had to happen."
Contact Robert Rogers at 510-262-2726 or [email protected] and follow at Twitter.com/roberthrogers.
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