Little Rock settles lawsuit with ex-police recruits dismissed over use of racial slur

A settlement has been reached between the city of Little Rock and two of three police recruits fired in December after a department probe into their use of racially offensive language in social media posts.

In a Monday mediation session, plaintiffs Brandon Schiefelbein and Katina Jones agreed to a $50,000 settlement to be split between the two former recruits and their attorney, Bob Newcomb, according to city documents.

The case was previously scheduled for trial in October before Pulaski County Circuit Judge Tim Fox, who instead mandated mediation.

The city will pay half the settlement amount, while the state Municipal League Defense Program will pay the other half. An order of dismissal with prejudice will be filed with the court.

The lawsuit, which names the city and Police Chief Kenton Buckner as defendants, was filed in February. Schiefelbein and Jones, a white man and a black woman, were fired after an internal investigation into their use of the same racial slur on Facebook before joining the force. They claimed they were unfairly singled out for termination and asked for their jobs back plus back pay.

The terms of the settlement include no admission of liability by the city and a release from any claims that were made, an email from city attorney Tom Carpenter to Little Rock Mayor Mark Stodola and the city Board of Directors states.

The two former recruits will have their firings removed from their records, which will instead show a resignation from the Little Rock Police Department, according to the email.

Neither will be allowed to apply for employment with LRPD or any city department in the future, per the settlement.

The $50,000 settlement is intended to cover the plaintiffs' potential damages, attorneys' fees and other costs. Little Rock Chief Deputy Attorney Bill Mann said he had not yet received an invoice stating the total cost of the mediation as of Wednesday afternoon, but said it would be paid by the the state Municipal League Defense Program. Mediation costs are typically split between the plaintiff and the defendant.

Carpenter said the Board of Directors was previously notified that the case would be settled without a trial, and there were no objections.

The suit from Schiefelbein and Jones states that their firings were unreasonably harsh punishment compared with other police officers and city employees accused of similar conduct. They contended that their dismissals violated the Arkansas Civil Rights Act and free-speech protections in the state constitution.

Schiefelbein, Jones, and Brandon Gurley, another former recruit, were all fired in December after the investigation into their use of social media. Gurley filed a separate lawsuit against Buckner and the city at the end of July. That case is ongoing.

Gurley, who is black, contends that he was fired because he came forward about racism, harassment and misconduct during the recruitment process.

Buckner said he fired Gurley for, among other things, not being truthful during the internal affairs investigation and for comments Gurley made on social media.

Metro on 08/30/2018

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