Parks v. City of Chattanooga

74 F. App'x 432
CourtCourt of Appeals for the Sixth Circuit
DecidedJuly 16, 2003
DocketNo. 01-6543
StatusPublished
Cited by10 cases

This text of 74 F. App'x 432 (Parks v. City of Chattanooga) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Parks v. City of Chattanooga, 74 F. App'x 432 (6th Cir. 2003).

Opinions

COFFMAN, District Judge.

Carlton B. Parks (“Parks”), a former police officer with the Chattanooga Police Department (“Department”), filed suit against both the City of Chattanooga (“City”) and three officers employed by the Department, alleging that he was fired from his job as a patrolman due to his race and in retaliation for having expressed complaints of racial discrimination in the workplace. He further claimed that one of his supervisors created a racially hostile work environment and that the Department violated his due process rights when it allegedly failed to notify him properly of disciplinary charges made against him and withheld his final, post-termination paycheck until he returned some of the Department’s property. The district court granted summary judgment in favor of the defendants, concluding that Parks did not produce sufficient evidence to support his claims. For the reasons set forth below, we AFFIRM.

I. Background

A. Factual Background

Parks, an African-American male, served as a Chattanooga police officer from June 19, 1987, until March 13, 1998, when he was fired by the City’s Chief of Police, J.L. Dotson (“Chief Dotson”). Parks had a history of making complaints of racial discrimination within the Department. On June 5, 1995, while he was president of the Chattanooga Area Law Enforcement Association, an organization formed to advocate minority rights, he wrote a letter to then-Chief of Police, Ralph Cothran, which complained about the lack of minority representation within the Department. On December 13, 1997, he wrote a letter to a superior officer, Captain Skip Vaughn, requesting the inclusion of a diversity clause in the Department’s transfer policy. On January 4, 1998, he sent a letter to another superior officer, Captain Charles Cooke (“Captain Cooke”), which suggested that he had various concerns about his treatment within the Department and believed that the Department was selectively enforcing its fa[435]*435cial hair policy. On January 12, 1998, Parks sent a formal complaint to Chief Dotson which accused two of his superior officers, Captain Cooke and Lieutenant Marvin Fuson (“Lieutenant Fuson”), of falsifying officer performance statistics and unfairly distributing work due to an allegedly “racist mentality.” A day later, he sent the head of the Department’s Internal Affairs Division, Captain Steven Parks (“Captain Parks”), a similar complaint, adding that he also believed that it was unfair that his supervisors had not enabled him to attend seminars or make use of a particular police car. Parks’s 1998 complaints were assigned for investigation to Captain Steven Parks (“Captain Parks”). Another police officer, Sergeant Phillip Grace, corroborated many of Parks’s allegations. Nevertheless, the Department’s investigation exonerated the accused officers of the allegation of falsifying performance statistics.

On January 21, 1998, Parks became the subject of an Internal Affairs investigation, as well as a major criminal investigation, when an eighteen-year-old woman, LaShundra Brown (“Brown”), reported that he had entered her apartment without permission and sexually assaulted her while he was on duty. These investigations ultimately led to Parks’s termination from the Department and, on February 5, 1998, to his indictment on charges of rape, sexual battery, and official oppression.1 The Internal Affairs investigation into Brown’s allegations was supervised by Captain Parks — the same official investigating Parks’s complaints of racial discrimination within the Department. On the day of the alleged sexual assault, the Department took a statement from Brown. She reported that Parks entered her apartment uninvited at approximately 8:50 a.m. on January 21, 1998, as she was in the shower. She stated that he peeked at her while she was naked and that she then quickly dressed herself and led him to another part of her apartment. She recounted that he asked her questions about a particular suspect whom he was allegedly seeking and then, without invitation or prompting, began touching her. Although she resisted, Brown told investigators that Parks forcibly overcame her. Brown further maintained, however, that just as Parks was about to subject her to sexual intercourse, he received a call on his police radio directing him to Arlington Avenue. She stated that Parks quickly pulled up his trousers and left her apartment, returning later in the day to give her $20.00 to remain quiet about the incident. Brown also told investigators that when Parks allegedly assaulted her, he was wearing white boxer shorts with red or maroon on them. The underwear worn by Parks on the day in question, later obtained as evidence, were white boxer shorts with red, green and gray vertical stripes.

Parks was interviewed on the day of the alleged assault by Officer Tim Carroll, the officer supervising the criminal investigation. Although Parks admitted that he had seen Brown on the day in question, he denied her sexual assault accusations. He alleged that he had seen Brown after he completed a stop at Belle Arbor Avenue and that he did not receive a call directing him to Arlington Avenue that day; the latter statement was supported by the Department’s dispatch records. Parks further claimed that Brown initiated their interaction, flagging him down outside her [436]*436apartment and inviting him inside to discuss the whereabouts of a suspect. Following a brief discussion regarding the suspect, Parks said, he left Brown’s apartment without incident and did not interact with her again. Finally, Parks told Carroll that, due to his recent weight gain, the top of his underwear was sometimes visible over his belt. This last detail was somewhat corroborated by the person who placed the call from Belle Arbor Avenue on the morning of the alleged assault, as that person told investigators that Parks had his gun belt hanging low.

The investigators took various steps, such as obtaining Parks’s fingernail clippings, using a rape kit on Brown, and administering a lie detector test to Brown (which she passed) and offering to administer such a test to Parks (which he declined to take), to ascertain the truth. These efforts were not immediately conclusive, however, as Chief Dotson acknowledged that the investigation essentially yielded Brown’s word against Parks’s.

Nonetheless, the Department immediately placed Parks on paid administrative leave and, in a February 9, 1998, report prepared by Captain Parks, recommended disciplinary action for conduct unbecoming an officer, a recommendation reviewed and agreed with by the Department’s attorney. On February 19, 1998, Chief Dotson mailed Parks a notice that ordered him to attend a hearing “concerning allegations that on the morning of January 21, 1998, [he] entered the apartment of an 18 year old woman ... and committed unwanted and illegal sexual acts upon her.” Chief Dotson’s notice also advised Parks that he would have an opportunity to respond to Brown’s allegations, explained that he could have an attorney present during the hearing, and warned him that the situation was extremely serious and could result in his termination.

The Department held Parks’s pretermination hearing on March 10, 1998. Pri- or to the hearing, Parks’s attorney was permitted to review the criminal investigation file2 but was not allowed access to the Internal Affairs report prepared by Captain Parks.3

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74 F. App'x 432, Counsel Stack Legal Research, https://law.counselstack.com/opinion/parks-v-city-of-chattanooga-ca6-2003.