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Ex-trooper sues La. state police
By Jason Brown
The Advocate (Acadiana bureau)
LAFAYETTE, La. — A former Louisiana state trooper with Troop I has filed a lawsuit against the department claiming systemic racial discrimination in promotions, access to training classes and in how black troopers are reprimanded.
Derek Landry alleges in a federal lawsuit filed Tuesday that black troopers at Troop I are treated unfairly in relation to their white counterparts. The suit is filed under Title VII of the Civil Rights Act of 1964.
Landry's attorney, L. Clayton Burgess, said that historically, "the State Police have not provided the same opportunities for African-American troopers as Caucasian troopers," and those who stand up to file a complaint are retaliated against.
Burgess also is representing Brian Ardoin, a black trooper who he said is facing the same issues.
Ardoin has filed a complaint with the U.S. Equal Employment Opportunity Commission, which is the first step required before a lawsuit can be filed.
Landry went through the same process. Burgess said an EEOC investigator wrote in a letter that the investigation had been discontinued and it was not likely that the investigation would support Landry's charges.
However, it further stated that this decision does not exonerate the employer or invalidate Landry's charges.
Landry had been a trooper since 2000 and was suspended following an incident in late October 2006.
He was terminated in January 2007 but appealed the decision. His termination was recently upheld by the civil service board. Burgess said Landry is working for an offshore oil company.
Meanwhile, Burgess said Ardoin recently activated full-time with the Marine Corps citing ongoing problems with State Police.
Sgt. Markus Smith, a spokesman for Louisiana State Police, declined to comment, citing departmental policy prohibiting discussions of ongoing litigation.
A call to the State Police Legal Affairs division was not returned.
According to Landry's lawsuit, Landry transferred from Troop D to Troop I in March or April 2004 and was subjected to "systemic disparate treatment racial discrimination" from the beginning of his employment there.
The suit states that black troopers are also denied access to training classes they would like to attend when other equally qualified white troopers are allowed to attend the classes.
The suit described meetings where troopers of all races were asked to raise their hands if they wanted to attend certain training classes.
"However, when the African-American troopers realized that they were never signed up for the classes they requested, State Police gave them a pretext by stating that the department required a written request to attend these classes although no one was ever told a written letter was needed," the suit stated.
Landry also alleges that black troopers were criticized far more harshly than white troopers on their evaluations even when they made the same mistakes.
The suit cited one specific incident on Oct. 24, 2006, when Landry was reprimanded for allowing a passenger to exit a vehicle prior to the driver exiting.
"Instead of the typical reprimand given at work, (Landry) was ambushed by a number of troopers at his private residence who specifically went to his home to confront him about his error," the suit stated.
Landry alleges that it was at this point that he confronted the troopers and complained of the racism prevalent in the department. Landry alleges that he was suspended from his employment afterward.
Two weeks later, the suit states that Landry received a letter from the State Police informing him that he needed to see a psychiatrist because the department did not consider him fit for duty.
Landry saw a state psychiatrist and took two tests but stated that he never saw the results of those tests.
State Police officials then asked Landry to see a second psychiatrist. Landry states that he went to a private psychiatrist who noted that Landry had some anxiety but cleared him for work noting that that there was nothing wrong with him that would keep him out of work as a trooper.
The State Police responded by putting Landry on leave pending an investigation, the suit stated.
Landry was later terminated.
"Once you file your complaint, they find something to indicate you are not doing your job well, send you to a mental evaluation and then it becomes evident to the person who complained that they will not have a long-term career with the State Police," Burgess said.
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Copyright 2008 The Advocate
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