NJFFSA16
12-14-2004, 05:31 AM
JACKSON, Miss. (AP) - The 5th U.S. Circuit Court of Appeals has
upheld a lower court decision that the city of Jackson
discriminated against a veteran white firefighter in his attempts
to advance in rank.
David Campbell, in a lawsuit filed in August, 2000, alleged the
city and various employees, because of his race, delayed his
promotion to captain and later his opportunities to train as a
district chief.
A federal jury ruled in Campbell's favor, awarding him $60,000
in lost wages and $20,000 for emotional distress. The city appealed
but the 5th Circuit said Monday the evidence supported the jury's
verdict.
Campbell, who joined the Jackson Fire Department in 1984,
claimed that while his own advancement was stalled, black employees
who were less qualified received promotions.
Tony Davis, a former district chief, testified during the lower
court trial that he was told by Fire Chief Raymond McNulty to take
Campbell's name off a December 1998 list of those seeking
promotions because he's white.
McNulty, who is black, had testified that race played no role in
any decisions on Campbell's training and promotions.
According to the court record, Campbell presented evidence
during the trial showing that he scored second highest among the
candidates for promotion to captain and that he was promoted after
four lower-scoring employees had been promoted, which guaranteed
their higher seniority.
"This group included a black promotee who as the city concedes
would not have been promoted at all but for the two month delay,"
the court said.
Campbell also said he was purposefully denied more opportunities
to train by working out of rank as acting district chief when a
deputy district chief "invented and applied a new rule" that
prevented him from signing up for the list to train for six months
after he first became a captain.
He said when he finally became eligible for the training, the
rotation list was deliberately manipulated to deny him the
opportunity.
(Copyright 2004 by The Associated Press. All Rights Reserved.)
upheld a lower court decision that the city of Jackson
discriminated against a veteran white firefighter in his attempts
to advance in rank.
David Campbell, in a lawsuit filed in August, 2000, alleged the
city and various employees, because of his race, delayed his
promotion to captain and later his opportunities to train as a
district chief.
A federal jury ruled in Campbell's favor, awarding him $60,000
in lost wages and $20,000 for emotional distress. The city appealed
but the 5th Circuit said Monday the evidence supported the jury's
verdict.
Campbell, who joined the Jackson Fire Department in 1984,
claimed that while his own advancement was stalled, black employees
who were less qualified received promotions.
Tony Davis, a former district chief, testified during the lower
court trial that he was told by Fire Chief Raymond McNulty to take
Campbell's name off a December 1998 list of those seeking
promotions because he's white.
McNulty, who is black, had testified that race played no role in
any decisions on Campbell's training and promotions.
According to the court record, Campbell presented evidence
during the trial showing that he scored second highest among the
candidates for promotion to captain and that he was promoted after
four lower-scoring employees had been promoted, which guaranteed
their higher seniority.
"This group included a black promotee who as the city concedes
would not have been promoted at all but for the two month delay,"
the court said.
Campbell also said he was purposefully denied more opportunities
to train by working out of rank as acting district chief when a
deputy district chief "invented and applied a new rule" that
prevented him from signing up for the list to train for six months
after he first became a captain.
He said when he finally became eligible for the training, the
rotation list was deliberately manipulated to deny him the
opportunity.
(Copyright 2004 by The Associated Press. All Rights Reserved.)