Ex-police recruit files second suit tied to his firing

Wrongfully ousted, he says

One of the three Little Rock police recruits who was fired after racial slurs were reported on social media has filed a second lawsuit against the department and its former chief, claiming wrongful termination, court documents show.

The lawsuit filed Thursday on behalf of Brandon Lawayne Gurley, 28, is nearly identical to the one he filed in July against the city and former Police Chief Kenton Buckner, alleging that his firing violates the Arkansas Civil Rights Act and the state Whistle Blower Act, according to court documents.

Thursday’s filing, alleging wrongful termination, says internal affairs officers “had no interest in determining whether there was an atmosphere of racial hostility and other police misconduct” in the department and instead were only trying to delegitimize Gurley’s concerns, the lawsuit said.

Gurley and two other former police recruits sued the department after an investigation into racial slurs used by recruits. That inquiry resulted in the termination of Brandon Schiefelbein, the recruit who made the post; Katina Jones, the recruit who discovered it; and Gurley, who reported it.

All three were fired in December 2017.

Gurley and Jones, who are black, also were fired for using a racial slur in social media posts, according to previous reports.

Gurley’s suit, in part, says there is a difference between a black person and a white person using the “N” word, and that he and Jones were unfairly singled out among recruits. The suit alleges that Gurley was singled out because he reported the racial slurs posted on Schiefelbein’s account.

Buckner said he fired Gurley for not being truthful during the internal affairs investigation and for comments Gurley made on social media, according to previous reports.

Jones’ and Schiefelbein’s lawsuits were settled in late August, with Circuit Judge Tim Fox mandating mediation. The city agreed to pay half of the settlement amount — $50,000 — and the Municipal League Defense Program paid the other half.

Neither former recruit will be allowed to apply for any city position — including in the Police Department — in the future, according to the settlement.

Gurley’s suit, however, requests that he be restored to his position as a police recruit, that the court issue an injunction to prohibit further acts of racial discrimination and that the city pay Gurley’s back pay, punitive damages and attorney fees.

That list of requests has not changed since the original filing in July.

Gurley’s attorney, Willard Proctor of Little Rock, requested that Circuit Judge Mary S. McGowan call a jury trial to determine how much the city owes his client.