Some claims tossed, but bulk of discrimination lawsuit against Tupelo Police Department to proceed
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Jul. 1—TUPELO — A federal judge has tossed out some claims brought in a civil lawsuit by a former Tupelo Police Department officer, but other claims alleging racially discriminatory promotions can be heard at trial.
U.S. District Judge Sharion Aycock on June 16 issued an order granting the city of Tupelo's request for summary judgement, or a request to dismiss the claims without a trial, against Tupelo Police Chief Bart Aguirre and former Deputy Police Chief Alan Gilbert in their personal capacities.
However, Aycock is still allowing plaintiff Michael Russell, a former lieutenant in the department and the former director of the city's Police Athletic League, to move forward with his discrimination claims against the city of Tupelo.
Reasons for transfer to patrol unit in question
Russell, who is white, sued the city in January 2020 alleging that he was transferred from his position at PAL to a leadership position over a patrol unit as a way to block a Black police officer, Tiffany Gilleylen, from being promoted the patrol lieutenant position.
Before his transfer away from PAL, the program earned the city accolades under Russell's leadership. City Hall, including outgoing Mayor Jason Shelton's administration, repeatedly touted the program and Russell's leadership of it.
In a 31-page ruling, Aycock said that Russell could not bring a suit against his former bosses in their individual capacity because they are immune from a civil suit in this instance.
"In other words, the Court cannot find Chief Aguirre and Deputy Chief Gilbert acted in a plainly incompetent manner or that they knowingly violated Russell's civil rights," Aycock wrote.
But the order said that Russell, through his attorney Jim Waide, sufficiently raised objective factual disputes to meet the burden required to deliberate in front of a jury.
To justify her opinion, Aycock pointed to evidence that Russell had been asked to continue directing the PAL program while simultaneously serving as a lieutenant in the department's patrol division — a "critical" fact which she said.
"Though the parties have not provided any information indicating that Russell received a substantial pay increase, or any increase in pay at all, he was required and expected to take on the responsibilities associated with a Lieutenant in the Patrol Division while also leading the PAL Program," Aycock wrote.
Deposition testimony details lingering discontent over promotions
The ruling comes after Russell's attorney made several depositions of police officers available to the public through court filings. A deposition is when a witness gives sworn testimony under oath to aid the attorneys in collecting evidence before a trial begins.
Police department leaders have said no unfair hiring practices exist in the police department, but the depositions show that Black police officers still believe that the department is steeped in a culture of sexism and racism when promotion decisions are made.
For example, Michael Bowens, a Black sergeant at the department, testified in a deposition that even though administrators in the department conduct interviews and testing to, at least in theory, make promotions an objective process, management still puts "who they want to put in the places they want to put them."
"It's like playing chess," Bowens said of the promotion practices.
However, the department leaders in their depositions maintained that anytime a lateral transfer was made — such as the case with Russell — it was never done to block someone from moving up in the ranks.
"We were extremely short-handed because of our military obligations for our men and women and then also these that were out sick," outgoing Police Chief Bart Aguirre said as a reason for transferring officers over.
Tension between Michael Russell, Deputy Chief Allan Gilbert reported
The depositions also show that several officers involved in litigation had conflicts with Capt. Tim Bell and former Deputy Chief Allan Gilbert. Gilbert retired from the department in 2019 to accept a position as police chief in Siloam Springs, Arkansas.
Russell testified that Gilbert often took issue with Russell's involvement in the PAL program and raised questions about PAL's operations.
"I was told by Tim Bell specifically that every time I do something with the Police Athletic League, it pisses Allan off," Russel testified.
Anthony Hill, the deputy police chief, also testified that Gilbert often took issue about Russell's involvement with PAL and was the only person in the department's administration to question Russell's involvement.
"I can just tell you there were always some issues, there was always questions about Lieutenant Russell's hours, work or whatever," Hill said of Gilbert's inquiries.
Russell's suit marks the fourth time in six years a current or former police officer has sued the city for discrimination. All of the suits have reached confidential settlements outside of court.
A jury trial for the Russell suit is set to commence at the federal courthouse in Aberdeen on November 12.
