United States District Court, N.D. Indiana, South Bend Division
FREDRICK B. LLOYD, Plaintiff,
MAYOR, CITY OF PERU, et al., Defendants.
OPINION AND ORDER
L. Miller, Jr. United States District Court.
Lloyd, former police officer for the Peru Police Department,
was terminated from his employment on April 3, 2015 for
multiple disciplinary violations. Mr. Lloyd filed this suit
against the Mayor of the City of Peru and the Chief of the
Peru Police Department, alleging claims of race and age
discrimination and retaliation under Title VII of the Civil
Rights Act of 1964, 42 U.S.C. § 2000e et seq;
Section 1981 of the Civil Rights Act of 1866, 42 U.S.C.
§ 1981; and the Age Discrimination in Employment Act of
1967, 29 U.S.C. §§ 622, 623(a). The defendants
moved for summary judgment with respect to all claims. The
court grants the motion.
Lloyd was a patrol officer with the police department from
2003 until his termination in 2015. Mr. Lloyd was terminated
based on a Discipline Matrix that sets forth violation levels
for when an officer commits a violation.
record shows that Mr. Lloyd has violations going back to
2008. In July of that year, Mr. Lloyd was reprimanded for
running an Indiana Data and Communications System
("IDACS") III inquiry on himself, after receiving a
Notice of Violation from IDACS. Two years later, Assistant
Chief Steve Hoover gave Mr. Lloyd a written reprimand and
suspended his take-home car privileges because Mr. Lloyd took
his marked police vehicle outside of Miami County.
Lloyd's violations become more frequent in the years
leading up to his termination. On September 16, 2013,
Assistant Chief Rick Keller had given Mr. Lloyd a written
reprimand for being late to a mandatory firearms training. On
November 20, 2013, Lt. Michael Meeks had given Mr. Lloyd a
verbal reprimand for having a negative balance on his comp
time. On August 18, 2014, Assistant Chief Keller issued Mr.
Lloyd a written reprimand on missing a mandatory training.
September 2014, Mr. Lloyd made allegations that some members
of the police department were engaging in illegal activities.
City Attorney Bill Berkshire encouraged Mr. Lloyd to report
any criminal activity to the Indiana State Police
immediately. Mr. Lloyd was ordered to appear before the Board
of Works on October 1, 2014 to present the evidence that he
had for the Board's review. At that hearing, Mr. Lloyd
allegedly questioned the Board's authority, provided a
stack of papers that he claimed showed criminal activity, and
confirmed that the evidence was in the stack of papers. The
Board ordered Mr. Lloyd to submit any additional evidence by
October 10, 2014; Mr. Lloyd didn't produce any. In
reviewing the papers he had provided, the Board concluded
that Mr. Lloyd's allegations of criminal conduct were
unfounded. Mr. Lloyd was suspended for violation of a policy
that involves an act amounting to misuse of authority or
ethical offense and/or that creates or poses a potential for
a clear serious adverse impact on public safety or the
professional image of the department, as well as a Class D
offense for conduct unbecoming an officer for making
unfounded allegations in a public forum about other officers.
Lloyd was given another five-day suspension on December 8,
2014, for several offenses: falsifying a report, two counts
of conduct unbecoming an officer for lying regarding his
shift and the inventory form, disobeying a direct order and
being absent from work without authorization for leaving his
shift two hours early, and failing to comply with a general
order for failing to file an inventory form.
January 26, 2015, Mr. Lloyd was subpoenaed for a deposition
in the Miami County Public Defender's Office and
didn't appear. Mr. Lloyd sent an e-mail to Officer Rick
Keller on January 30, 2015 saying he had made contact with
the Prosecutor's office in regard to how his testimony
would impact the case that was not his own and that he asked
for an alternate date but couldn't say to whom he spoke.
The defendants say that Mr. Lloyd never contacted the
prosecutor. This constituted conduct unbecoming an officer
and failure to appear for deposition in violation of the
police department's general orders.
March 4, 2015, Mr. Lloyd had a confrontation with a
supervising officer after he was asked to return the AR-15
rifle that had been issued to him. Mr. Lloyd was reprimanded
for violating a policy that involves an act amounting to
misuse of authority or ethical offense and/or that creates or
poses a potential for a clear serious adverse impact on
public safety or the professional image of the department, as
well as a Class D offense for conduct unbecoming an officer.
the January 26, 2015 and March 4, 2015 incidents, Chief Raney
recommended Mr. Lloyd's termination to the Board of Works
because Mr. Lloyd was at level 15 on the Discipline Matrix,
and termination is the presumptive sanction at level 8. Mr.
Lloyd was placed on administrative leave beginning March 9,
2015. The Board held a hearing on April 3, 2015 at Mr.
Lloyd's request. Mr. Lloyd appeared but refused to enter
the hearing or participate. The board held the hearing and
voted to terminate Mr. Lloyd. The Board issued findings of
fact and conclusions of law on its decision to terminate
based on his accumulation of discipline under the Discipline
Matrix. On the same day, four white male officers were also
terminated based on Chief Raney's recommendations in
addition to Mr. Lloyd-Jules Buffington, Bill Wood, Jason
Ballard and Sam Finnegan. A fifth white, male officer, Greg
Martin, was terminated based on Chief Steve Hoover's
Lloyd disputes this version of the events. Mr. Lloyd says he
wasn't properly notified about the hearing and was
searched before the start of the hearing; no other officer
similarly situated was treated that way. Mr. Lloyd says he
didn't attend the hearing in fear that he would be
Lloyd says that after he protested that he was being treated
unfairly, he was subjected to disparate treatment and
retaliation, a pattern or practice of discrimination
involving a hostile work environment, threats of disciplinary
action, formal disciplinary action, exclusion from training,
lack of opportunity or consideration for promotion,
suspension from employment without pay, and ultimately,
wrongful termination. In addition, he says, the police
department didn't follow its progressive plan in the
discipline and termination of Mr. Lloyd's employment.
Lloyd says that all of the managers to whom he reported at
the police department were of European descent, and Mr. Lloyd
was the only person of African-American descent employed as a
police officer. Mr. Lloyd further noted that after his
termination, the police department hired several ...