A Jackson County jury Friday cleared the Independence Police Department of racial discrimination and retaliation allegations from a black police officer fired in 2008.
The jury found that the department did not retaliate or discriminate against former IPD officer James W. Beale Sr., who last year filed a lawsuit against the city.
On Nov. 20, 2008, police chief Tom Dailey fired Beale, who claimed his termination was retaliation for filing a discrimination complaint with the Missouri Commission on Human Rights earlier that year. He told the commission he was being harassed and discriminated because he was black.
It was a 10-2 verdict in a trial that started Monday. Victories in civil cases require at least nine jurors agreeing.
“We were really bothered by the allegation that he was being discriminated solely because of his race,” said Matthew J. Gist, a Kansas City trial lawyer who represented the city. “He thought that he was treated less favorably because he’s African American. He felt that when he complained about it the department took an action against him. The department denied that.
“It had nothing to do with his release or complaints he made. It had to do with performance. We were interested in fighting this from day one. The department took this case very seriously. This was a very important case for the Police Department.”
Beale’s defense team declined to comment after the verdict.
Beale was with the traffic safety unit. His duties included responding to traffic violations, conducting drunken driving investigations and training officers on driving while intoxicated procedures, according to court records.
In July 2006, Beale taught a field sobriety and DWI detection training operation sponsored by the department.
His supervisor, a sergeant with the unit, and nine officers attended the training.
The sergeant and officers failed to meet the minimum requirements of the training. Beale had to fail the officers, according to court documents.
Problems at the department began after that, according to court papers.
Some of the issues included him not being allowed to participate in shift exchanges with officers; the sergeant writing up Beale for missing court when other officers who missed court were not disciplined; being scheduled for a “fit for duty” examination by the city’s human resources department because he was prescribed medication while no other white employees on medication had to submit for an exam.
Beale claimed in court records he was investigated by internal affairs for falsifying an activity log in June 2008 and under investigation again three months later for an incomplete accident report from earlier in the year.
