Ex-cop wins discrimination suit
Jury awards McMiller $1.5 million
A former Austin Police Department lieutenant who filed a lawsuit alleging racial discrimination and retaliation by the department’s top brass at the time – including former Police Chief Art Acevedo – won $1.5 million in a jury verdict this week.
Lt. Johnny McMiller, who is Black, was fired after a 15-year career with the Police Department in December 2015. The lawsuit was filed in Travis County in 2017.
The trial for McMiller’s lawsuit against the city of Austin took place over the last week in Travis County’s 200th District Court. The jury reached a decision Tuesday after hearing nearly a week’s worth of evidence.
“While we very much appreciate the jury’s time and attention to this employment retaliation lawsuit stemming from a 2015 disciplinary decision, we were surprised and disappointed with the result,” Meghan Riley, division chief of the city of Austin’s Law Department, said in a statement. “We continue to review the jury findings and will work with our client to determine the necessary postverdict steps to take.”
The lawsuit details a June 2015 incident that led to McMiller being investigated by the department’s internal affairs division.
McMiller did off-duty work for Capital Metro through a contract with the Police Department. During a shift in June 2015, a sergeant who was supposed to be working for CapMetro left his post for a few hours, according to the lawsuit. This was discovered by another lieutenant who co-managed the CapMetro contract, along with McMiller.
The lieutenant who discovered what happened reported it to CapMetro, and the sergeant was terminated from that off-duty job, although he still worked with the Police Department, the lawsuit said.
That same sergeant then applied for a vacant position within the Police Department months later. The lawsuit states that he was the only one to apply but was rejected. McMiller believed this was retaliation for the incident with CapMetro and because the sergeant was Black.
McMiller reported his concerns to former Assistant Chief Patrick Ockletree, hoping it would settle the matter, the lawsuit stated. However, this prompted the Police Department to open an investigation into McMiller for not reporting the sergeant’s disappearance during that CapMetro shift.
An internal affairs investigation was not opened against the other lieutenant who had discovered the sergeant wasn’t actually at his post, the lawsuit stated.
The lawsuit notes that McMiller had never seen other officers investigated because they were let go from off-duty work, as had happened to the sergeant, because it’s a common occurrence.
While under investigation, McMiller was unable to work on off-duty assignments, something the lawsuit noted wasn’t happening to other officers who weren’t Black and had more “serious allegations” against them.
“By placing McMiller under investigation, he believes it is a continuation of former chief Acevedo’s discriminatory and retaliatory behavior against him,” the lawsuit said.
McMiller was told in December 2015 that the internal affairs investigation sustained the allegations of insubordination, neglect of duty and dishonesty, and that he could retire or be terminated, the lawsuit said.
Gary Bledsoe, a lawyer representing McMiller, said the former lieutenant chose to retire. However, before his retirement became effective, he was “indefinitely suspended,” or fired, from the department. McMiller appealed his termination, court records show.
In January 2016, Acevedo issued McMiller a dishonorable discharge, which he appealed. A couple of days later, his indefinite suspension was changed to a written reprimand, which meant McMiller would not be paid for his accrued sick leave, court records show.
Weeks later, McMiller and the Austin Police Association filed a grievance for an arbitration decision related to McMiller being improperly denied his sick leave payout. An arbitrator decided months later that McMiller had left the department in good standing and was owed 1,700 hours of sick leave.
McMiller was represented in the lawsuit by Bledsoe and Nadia Stewart. The decision was not unanimous, with 10 of the 12 jurors being in favor of McMiller.
“After nine years, justice has finally been rendered and my name and reputation cleared thanks to the 12 men and women who sat on the jury and judged the merits of my case impartially. I feel as if a burden has been lifted,” McMiller said in a statement. “My wife and I are deeply grateful to the jurors who gave their time and efforts to righting the ship.”