Ypsilanti police officer's racial discrimination lawsuit heading for trial
Officer Kent Overton is suing the city of Ypsilanti, alleging racial discrimination and seeking a promotion to sergeant, as well as back pay and other relief.
U.S. District Judge Mark A. Goldsmith issued a Feb. 16 opinion and order denying a motion by the city to enter a judgment in its favor without a trial. The lawsuit, filed in August 2009, alleges that Officer Eddie Davis was promoted to sergeant in 2007 despite Overton's superior qualifications.
According to the opinion, the court record established Overton was "unquestionably a stellar police officer by any standard." His performance evaluations, the opinion says, contained nothing short of "glowing and enthusiastic reviews." For instance, the evaluations showed he was an excellent investigator, always willing to take on extra work and among the most dedicated officers in the department, the opinion says.
In contrast, the opinion says, the record showed Davis was a "less-than-stellar" employee disciplined after then-chief Matt Harshberger determined Davis used unnecessary force on a prisoner on Aug. 14, 2006. Personnel records showed Davis "pulled the prisoner's arms up too far behind his back" and "exacerbated the situation" by pinning the prisoner to the floor of the booking room as Davis put his hand on or near the prisoner's throat, according to the opinion. Davis also yelled at the prisoner, threatening him with bodily injury, the opinion says.
Davis received a one-day unpaid suspension for the incident, which was captured on video. The video was entered into the court record.
According to the lawsuit, Overton achieved the highest combined test score during the promotional process in August 2007. His attorney, Jim Fett, has alleged Overton was a victim of a push by city officials for diversity.
Court records show the city has argued Overton wasn’t promoted because he lacked maturity and was blunt with people.
The trial is scheduled to begin May 16 in federal court in Flint.
Lee Higgins covers crime and courts for AnnArbor.com. He can be reached by phone at (734) 623-2527 and email at leehiggins@annarbor.com.
Comments
HADES
Wed, Apr 6, 2011 : 3:08 p.m.
catfishrisin, "Sounds like affirmative action run amok" That's exactly what this is! Affirmative Action has to go because it discriminates against other people. It basically advances people who come in second place! I played sports my whole life and if you were not first you lost! This country is backwards! Everyone should be treated equal but if you have better qualifications in any case you should be hired, promoted or enrolled in school over the less qualified person.
HADES
Wed, Apr 6, 2011 : 3:35 p.m.
I hope Officer Kent Overton wins!!!
Mick52
Sat, Feb 26, 2011 : 5:59 a.m.
I recall in an earlier article about this case that during the hiring process a supervisor made a comment to some of the officers that they were wasting their time because this promotion would go to a minority candidate, i.e., the decision had already been made. In re to promotions in police departments that was not the first time I have heard that. Too bad it is illegal to put on the job posting that only applicants of a particular race/sex can apply. And this is what happens when you give a test. If the person who finishes the highest does not get the job, this happens. Even though there are various steps in a promotion process that test seems to be the thing juries like to decide on the most. These promotional processes have gotten silly. I suppose that is so the agency can run the gamut and select the PC candidate of choice. Seems like the best employee for the job is who has been the best. I think an evaluation of past performance is a better way to select for promotions. This happens very often. Prop 2 passing a few years back was no surprise.
mikael
Sat, Feb 26, 2011 : 2:19 a.m.
Good luck, Overton!
Freedom2010
Sat, Feb 26, 2011 : 12:34 a.m.
So Overton is complaining that a less qualified candidate was awarded a position/promotion that Overton was more qualified for because the other candidate was a minority. Ok. Why the beef? This practice is wide spread and employed by numerous public entities, most notably U of M, despite the recently enacted constitutional amendment prohibiting such practices. Come on Overton, get with the program! Your personal situation should not outweigh the "greater good".
Thomas
Mon, Feb 28, 2011 : 1:42 p.m.
How is someone else getting promoted because of diversity and not merit for the "greater good"?
15crown00
Sat, Feb 26, 2011 : 12:23 a.m.
many times in this day and age who gets promoted comes down to P C could this have been the case here? certainly seems like it.
Roadman
Sat, Feb 26, 2011 : 12:11 a.m.
You can be passed over for being" blunt" with people? Do we want mealy-mouthed cops who beat around the bush?
Gee
Fri, Feb 25, 2011 : 11:03 p.m.
There must be more to this case. I worked in corrections as a physician and have been on many interview panels. This package is too neat. More testimony is needed from the Police Chief. The fact that Davis is Afro- American does not in its self explain why Overton was not selected. Is Overton as good as he said he is?
Basic Bob
Fri, Feb 25, 2011 : 8:32 p.m.
Let's just say that both candidates were qualified, but there was only one position to fill. Someone gets passed over. Did Overton think this was the last chance he would ever get to make sergeant? If his test scores and record were so good, it would only be a matter of time before he would get his promotion, too. Taking your employer to federal court will generate publicity for a cause, and maybe get you some undeserved back pay for responsibility you did not have. But it will also shorten your career. Not a good situation for either the city or the officers.
braggslaw
Fri, Feb 25, 2011 : 7:52 p.m.
How did we end up here?
Top Cat
Fri, Feb 25, 2011 : 8:23 p.m.
I ask myself that question about 10 times a day.
dotdash
Fri, Feb 25, 2011 : 5:43 p.m.
It's a difficult problem. Imagine for a moment (I don't claim to know, having only sketchy descriptions) that Overton was the "better" candidate. Would Ypsilanti rather have police brass that included black officers, as the community does, or the best officers -- even if they were white? I suppose reasonable people could disagree on that. It seems as if the rules for promotion (test scores create a pool, but after that, any candidate can be chosen) were deliberately written so as to allow for some deviation from test-score-determined promotions (the kind that have historically resulted in more white officers being promoted). So maybe the intention was to get more diversity than objective measurement of quality would result in? It's that tricky thing: individual injustice in the name of (possible) larger societal good.
Yeah buddy
Fri, Feb 25, 2011 : 5:37 p.m.
Looks to be right on par for force usually used by police.
KeepingItReal
Fri, Feb 25, 2011 : 5:08 p.m.
@bunnyabbot: I am opposed to police brutality in all forms but keep in mind, what you are witnessing here..many officers have made their career off committing worse acts that this to black people and inmates and nothing was ever done about it. You here about it all the time. Just look around you. I question why the Police would expose one of their own when they cover up stuff all the time.
trespass
Sat, Feb 26, 2011 : 2:26 a.m.
How about the tasering incident by Ypsi cops on Sept. 25, 2010 that was recently published in AnnArbor.com, which was a black man tasered a second and third time while on the ground in handcuffs by two white officers. How about the death of a black man in Superior township after being tasered four times over a small baggy of cocaine, also published in AnnArbor.com.
nowayjose
Fri, Feb 25, 2011 : 6:10 p.m.
If you hear about it all the time, and all you have to do is look around. I'm all ears, give me a for instance where white officers have committed worse acts on black prisoners. You sound very knowledgible, and would love you to impart some of your wisdom on me.
catfishrisin
Fri, Feb 25, 2011 : 4:32 p.m.
Sounds like affirmative action run amok
bunnyabbot
Fri, Feb 25, 2011 : 3:52 p.m.
so, suspended for a day without pay for excessive force and lower test scores trumps blunt, taking on extra work, good performance evaluations and higher test scores? also, if the video had been a white officer and a black prisoner there would have been 80 posts to the article by now. I hope Overton wins his case
tdw
Fri, Feb 25, 2011 : 6:20 p.m.
thats a fact
gostate
Fri, Feb 25, 2011 : 3:20 p.m.
Not sure who made the comment at 0:42, but that seems to be a little over the top for a prisoner who is already handcuffed. For those that are hard of hearing, it's a male saying "I will break your expletive neck".
eyeonthenews
Fri, Feb 25, 2011 : 4:26 p.m.
I also heard "I will kill you". I don't know what this man (perp) did but it looked a bit too harsh to me. Davis is choking the man and telling him he'll kill him and break his neck. I'm surprised he didn't get fired for that instead of promoted.
Gorc
Fri, Feb 25, 2011 : 2:15 p.m.
All the video showed was Officer Davis was controlling a situation with someone who was arrested. I don't know the qualification differences between both officer, let the civil courts system decide that. But that video didn't indicate to me that Officer Davis should not have been considered during the promotion process.
Stephen Landes
Fri, Feb 25, 2011 : 6:03 p.m.
You must be joking.
jondhall
Fri, Feb 25, 2011 : 1:39 p.m.
Where is that wonderful UNION when one needs one ? Suddenly a knock on the door , looks like thugs to me ,honey did you pay my dues ? It's a total shame that the ",taxpayers " have to take it for all these misjudgements. Just like that mess someone created on Michigan Ave driving business out of the city ! Good luck taxpayers .
Bogie
Fri, Feb 25, 2011 : 1:16 p.m.
The city's argument was that Overton is too "blunt?" I guess accuracy, and truthfulness are not what Ypsilanti officials want in a police officer. He's a cop! Not a public relations rep! I find it funny, how left leaning people defend their ignorant (and most likely, discriminatory) decisions. Hey Ypsi tax payers! Get your wallets out! We're paying the tab!
dading dont delete me bro
Fri, Feb 25, 2011 : 11:50 a.m.
what is the video supposed to show or prove? it's an african-american ypd officer escorting a white male into a cell.