Opinion

Smith v. Forrest City Arkansas, City of

Court
District Court, E.D. Arkansas
Filed
Oct 25, 2021
Cited by
0 cases
Authority
More cited than 17.0%

The opinion

IN THE UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF ARKANSAS

DELTA DIVISION

DARREN SMITH PLAINTIFF

No. 2:20-cv-12-DPM

CITY OF FORREST CITY, ARKANSAS, a

Municipal Corporation; DEON LEE,

Individually and as Chief of the Forrest City Police

Department; and CEDRIC WILLIAMS,

Individually and As Mayor of the City of

Forrest City, Arkansas DEFENDANTS

ORDER

1. Darren Smith worked his way up to lieutenant at the Forrest

City Police Department. The road was less than smooth. Deon Lee, the

department’s chief, fired Smith. In this case, Smith makes various

claims about his firing. Many of the material facts are undisputed.

Where some genuine dispute exists, the Court takes the record in

Smith’s favor. Oglesby v. Lesan, 929 F.3d 526, 532 (8th Cir. 2019).

A few months after joining the department as a patrolman in 2014,

Smith made waves by questioning, in an official document, why the

department’s investigative division hadn’t looked into the death of

Louis Thompson. Like Smith, Thompson was a black man. Smith said

a white man’s death would have been investigated more thoroughly

and with better departmental resources. Local news outlets picked up

the story and scrutinized the department’s reasons. Notwithstanding

good performance, Smith didn’t get promoted to sergeant when he

became eligible. Smith believed he was passed over for speaking up

and highlighting the department’s potentially discriminatory

investigative practices. He was promoted to sergeant within a year of

joining the force.

The department disciplined Smith four times during his

approximately five years as a police officer. One of those disciplinaries,

from 2015, related to charges of unnecessary force against a minor; the

letter of reprimand Smith received should have been removed from his

personnel file after two years. It was not. Two more incidents, both in

2016, involved fraternization with and intimidation of coworkers. The

department demoted Smith in April 2016 and then reinstated him to

the rank of sergeant. The following year, in July 2017, he was promoted

to lieutenant. He was not disciplined for almost two years after that.

He remained outspoken about some of the department’s investigative,

disciplinary, and promotion practices. In April 2019, Smith got into a

shouting and shoving match with a citizen whose house was being

searched. Videos and reports circulated. Chief Deon Lee reviewed the

videos, reports, and Smith’s personnel file and decided to fire Smith.

He sent him a letter, stating the reasons, which included Smith’s

disciplinary history. Cedric Williams, the mayor of Forrest City,

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approved and said so in a letter to Smith after a brief meeting between

the two at city hall.

Smith sues over his lost job. He claims the defendants’ actions

violated Title VIL, 42 U.S.C. §8 1981 and 1983, and the Arkansas Civil

Rights Act — because those actions were race-based and gender-based,

plus in retaliation for Smith’s criticisms of the department. He also

presses a wrongful-termination claim under state law. The defendants

request summary judgment. Smith requests a trial. Are there any

issues that a jury must resolve? Torgerson v. City of Rochester, 643 F.3d

1031, 1042 (8th Cir. 2011) (en banc).

2. Some threshold points. First, the official-capacity Title VII

and ACRA claims against Lee and Williams duplicate the claims

against the City. Televen v. University of Minnesota, 73 F.3d 816, 819 (8th

Cir. 1996); Arkansas Department of Environmental Quality v. Al-Madhoun,

374 Ark. 28, 34, 285 S.W.3d 654, 659 (2008). All those official-capacity

claims will be dismissed without prejudice. Second, the individual-

capacity claims under Title VII and ARK. CODE ANN. § 16-23-107 will

be dismissed with prejudice. Supervisors can’t be held individually

liable under Title VII or the anti-discrimination provisions of the

ACRA. Clegg v. Arkansas Department of Correction, 496 F.3d 922, 925 (8th

Cir. 2007); Marrow v. City of Jacksonville, 941 F.Supp. 816, 820 (E.D. Ark.

1996). Third, the Court will deal with qualified immunity issue by issue

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because that immunity rises or falls with the merits. Burton v. Arkansas

Secretary of State, 737 F.3d 1219, 1229-35 (8th Cir. 2013).

3. Smith’s proof of discrimination is indirect, so the Court

applies the McDonnell Douglas framework. Lucke v. Solsvig, 912 F.3d

1084, 1088 (8th Cir. 2019); Banks v. Jones, 2019 Ark. 204, at *6-7, 575

S.W.3d 111, 116. Only a modest evidentiary showing is required, Lake

v. Yellow Transportation, Inc., 596 F.3d 871, 874 (8th Cir. 2010), and the

Court assumes Smith has made a prima facie case.

The City has offered a legitimate, nondiscriminatory reason for

the firing. The department values its relationship with the community

and concluded that Smith’s use of force in the field, reasonable or not,

could damage that relationship. That's a legitimate reason to fire an

officer. Smith says that the City is barred by equity from relying on that

reason. Doc. 34 at 23-24. There’s no dispute about whether Smith

cursed at or pushed a citizen; he did both at the search scene. Smith

argues hard that the City is judicially estopped from asserting that he

did anything wrong in the search-related incident because the City

denied any wrongdoing by Smith in another case growing out of that

incident. The City’s denial came in its answer in the related case. And

the plaintiff voluntarily dismissed his Fourth Amendment claims

before the Court resolved them on the merits. In these circumstances,

there was insufficient reliance by the Court to estop the City from

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taking a contrary position in this case. Schaffart v. ONEOK, Inc., 686 F.3d

461, 469-70 (8th Cir. 2012).

The City gives other reasons for firing Smith, too. But if Smith’s

conduct in 2016 didn’t prevent the City from promoting him to

lieutenant in 2017, it’s doubtful those reasons, even in the aggregate,

justify his eventual firing. The City’s shoving-and-cursing reason

suffices. Smith’s claims come down to pretext.

Smith offers comparators, and says that they — plus Lee’s failure

to follow established departmental disciplinary policies— warrant an

inference of pretext. At this stage, the comparator standard is rigorous,

and Smith hasn’t found anybody who was similarly situated to him in

all relevant respects. Smith v. URS Corp., 803 F.3d 964, 970 (8th Cir.

2015). Smith was Forrest City’s only lieutenant. So, no white or woman

lieutenant is among those on Smith’s final list. Doc. 34 at 10-11. The

department’s leniency with young and inexperienced patrolmen

shouldn’t control its treatment of higher ups. The department treated

Smith similarly when, as a relatively new hire, he used unnecessary

force against a restrained minor. Doc. 39 at 11-12.

It’s true that Lee didn’t follow the letter of the department’s

policies in dealing with Smith’s misconduct, but Smith, in a plaintiff's

gambit, forcefully concedes that deviations were common. Doc. 39 at

26-27. The department routinely put function over form in disciplinary

proceedings. More importantly, there is no indication that the

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deviation here was a means for Lee to discriminate against Smith.

Russell v. TG Missouri Corp., 340 F.3d 735, 746-47 (8th Cir. 2003). At the

time there was no superior officer (other than the chief) to handle an

investigation and pursue discipline. The policy’s architecture, which

involved quasi-adversarial proceedings before the chief after another

supervising officer’s recommendation, simply did not fit the

circumstances. The parties’ dispute centers on Lee’s methods, not his

authority, under the policy. Disciplinary shortcuts sometimes raise

questions unrelated to unlawful discrimination, but there are none that

Smith’s pleading requires the Court to address.

Smith hasn’t offered sufficient evidence to support a verdict that

his firing was more likely motivated by race or gender than by his

unbecoming conduct. Schaffhauser v. United Parcel Service, Inc., 794 F.3d

899, 904 (8th Cir. 2015). In the circumstances, no reasonable juror could

find that Lee and Williams discriminated against Smith because he is a

black man. Burkhart v. American Railcar Industries, Inc., 603 F.3d 472,

473-74 (8th Cir. 2010). Lee’s and Williams’s actions were not

unconstitutional, so the City has no liability here, either. Turpin v.

County of Rock, 262 F.3d 779, 784 (8th Cir. 2001). In any event, Smith’s

firing was objectively reasonable, Herts v. Smith, 345 F.3d 581, 585

(8th Cir. 2003), and, even if they made a mistaken judgment, Lee and

Williams are entitled to qualified immunity on the individual-capacity

§ 1983 claims.

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4. The federal and state retaliation claims also fail. Smith has

not shown a sufficient connection between his challenges to the

department’s investigatory and disciplinary practices and his firing.

Blomker v. Jewell, 831 F.3d 1051, 1059-60 (8th Cir. 2016); Hill v. City of

Pine Bluff, 696 F.3d 709, 715-16 (8th Cir. 2012). A reasonable juror could

not conclude that, but for the Thompson incident and Smith’s frequent

in-office critiques of Lee’s personnel decisions, he would not have lost

his job. Again, the City has no liability, Burkhart, 603 F.3d at 473-74,

and Lee and Williams are immune from suit. Burton, 737 F.3d at 1236-

37.

5. Having resolved all of Smith’s federal claims, the Court

declines to exercise supplemental jurisdiction over the wrongful-

termination claim. 28 U.S.C. § 1367(c)(3); Nagel v. City of Jamestown, 952

F.3d 923, 935 (8th Cir. 2020).

The defendants’ motion for summary judgment, Doc. 22, is

granted, with one carve out. Smith’s discrimination and retaliation

claims will be dismissed with prejudice. Smith’s wrongful-termination

claim under Arkansas law will be dismissed without prejudice. The

pending motions in limine, Doc. 41 & 43, are denied as moot.

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So Ordered.

D.P. Marshall Jr.

United States District Judge

25 Othber R0Al

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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