Columbus police chief avoided ‘promoting white men,’ two officers say in federal lawsuit
Two white Columbus police officers filed a federal lawsuit Tuesday alleging police chief Freddie Blackmon made an effort to avoid promoting white men and worked to achieve a predetermined racial and gender balance within the department.
The lawsuit was filed on behalf of Lt. Ralph Dowe, who also serves as president of the local Fraternal Order of Police chapter, and Lt. Tony Litle, a 28-year department veteran.
Blackmon, Columbus Mayor Skip Henderson, Human Resources Director Reather Hollowell and the Columbus Consolidated Government are named as defendants.
The allegations
Dowe and Litle allege the city’s affirmative action policy and its use in the police department’s promotion process during Blackmon’s tenure violated the U.S. Constitution.
Blackmon, the second Black person to serve as the city’s police chief, took office in November 2020 and had five open command staff positions. Four were major positions and one was an assistant chief.
The lawsuit alleges that all captains eligible for promotion to assistant chief and major were white. Three were men, and one was a woman. One Black woman major was eligible for promotion to assistant chief, and one Black woman captain was eligible for promotion to major.
Those appointments would have opened up captain positions which Dowe and Litle said they were “highly qualified” to fill based on a 2018 promotional list. Instead, Blackmon reorganized the structure of the department, and the promotion list expired. The men allege that Blackmon’s actions prevented their promotion.
“Blackmon avoided making promotions to the command staff to avoid a majority white command staff and to avoid promoting highly qualified white men to Captain,” the lawsuit reads.
The men also allege that Blackmon’s reorganization was meant to specifically benefit women and minority applicants. According to the lawsuit, Blackmon lowered educational and time-in-rank requirements for command staff positions. Those changes were supported by Hollowell, Henderson, City Manager Isaiah Hugley and members of the Columbus Council.
“While Blackmon’s changes made Dowe and Litle eligible for command staff positions — since Lieutenants could not be promoted into such roles — the overall effect was to greatly increase the percentage of the eligible pool that was non-white and female,” the lawsuit reads.
Dowe, Litle and others had to go through a new round of testing to be added to the new promotional list. Both Dowe and Litle were deemed “highly qualified” for promotion after the new testing, according to the lawsuit.
Under city code, the chief must promote those highly recommended first. However, Dowe and Litle were not promoted by Blackmon in late December 2020. The men allege that many of the officers promoted instead of them were less qualified.
Blackmon appointed every Black lieutenant and every woman captain and lieutenant eligible for a promotion. Joyce Dent-Fitzpatrick, a Black woman, and Captain Debra Kennedy, a white woman, became the first two women assistant chiefs in city history. Of the 10 promotions, six were white men, according to the lawsuit.
Dowe and Litle also allege that Blackmon made racially balanced promotions at lower levels in the police department. Further, the lawsuit states Assistant Chief Dent-Fitzpatrick ordered a deputy chief to add one woman and one Black man on each squad to diversify its ranks.
The men have asked for a jury trial, and they seek back pay and compensatory damages for the alleged civil rights violations. They also want current promotion practices stopped.
The lawsuit comes after both men filed charges of discrimination with the U.S Equal Employment Opportunity Commission in mid-2021.
Dowe appeared before the Columbus Council last month acting in his role as president of the Fraternal Order of Police to address the organization’s concerns with Blackmon.
Chapter leadership conducted a survey showing only 5% of its members had confidence that Blackmon could manage the department in a manner that provides for officer safety, the fair treatment of officers, and reduces crime.
Henderson and Hugley offered strong defenses of Blackmon, alleging that Dowe had personal issues with the chief During the Feb. 22 meeting, Hugley presented a slideshow of historic Black Columbus law enforcement officers, implying that Dowe’s stance may be racially motivated.
Dowe has denied this. Before filing the lawsuit, Dowe refused to discuss his complaint against the city with reporters.
The response
The city is being represented by Page, Scrantom, Sprouse, Tucker & Ford, P.C. In a statement through attorney Carter P. Schondelmayer, Henderson said he was disappointed to see the complaint filed and that the city is committed to ensuring officers are given equal opportunities.
“The allegations that reverse race discrimination and gender discrimination prevented Officers Dowe and Litle from receiving promotions last year in the Columbus Police Department are wholly without merit. The Complaint falsely alleges that the minorities and females who were promoted or appointed to higher positions in the Columbus Police Department were not qualified,” a portion of Henderson’s statement reads. “ (The defendants) strongly deny that any form of discrimination contributed to the promotional decisions made within the CPD. This lawsuit is without merit, and our legal team will vigorously defend these claims.”
This story was originally published March 16, 2022 at 10:08 AM.