P. C. vs. J. B.

P. C. vs J. B. – GREENVILLE COUNTY SHERIFF’S OFFICE

In May 1991, a group of African American deputies at the Greenville County Sheriff’s Office sent the sheriff an anonymous written protest letter about job conditions, including discriminatory hiring and promotion practices. At that time, P. C. was the highest-ranking black officer with the sheriff’s office. He was fired not long after the letter was received and investigated by the sheriff’s staff.

P. C. filed a discrimination charge with the Equal Employment Opportunity Commission. The EEOC found evidence of discrimination, but could not resolve the dispute between P. C. and the sheriff. P. C. had to file suit in federal court. The federal trial judge dismissed the case and P. C. appealed to the United States Court of Appeals in Richmond, Virginia. In July, 1996 the Fourth Circuit reversed the dismissal of P. C.’s case and sent it back for a jury trial. After that ruling the parties settled the case in January 1997 and P. C. returned to the sheriff’s office as a master deputy where he later retired under the TERI plan.

In his opinion reversing the district court’s dismissal of P. C.’s case Judge Michael writing for a unanimous 4th Circuit Court of Appeals panel made the following statements:

“As we stand back and look, the scales weigh heavily in
P. C.’s favor. His interest in speaking about the widespread
(internal) perception of racial discrimination in a law enforcement
Agency must be given great weight. And the community at large
shares in that interest.”

“{A} police officer does not receive a ‘watered-down version’ of
constitutionally protected rights by virtue of his employment on
the police force.”

“… any objectively reasonable person in Sheriff P. C.’s shoes
(in June of 1991) would have realized that he would violate
P. C.’s constitutional rights if he fired him for participating
in the Association.”

If you would like to read the entire 4th Circuit opinion in P. C. v. J. B. you can find it at 88 F.3d 1315 or click on this link.


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