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Former dispatcher suing city, claims race was a factor in termination
By ALEX WUKMAN
Former Cleveland Police Department dispatcher Sonya Diann “Tammy” Scott has filed a lawsuit seeking unspecified damages for, amongst other things, lost wages, emotional pain and suffering, humiliation, personal indignity and embarrassment.
The suit names 10 defendants including the City of Cleveland, Cleveland Police Chief Ike Hines, Assistant Chief Henry Patterson, City Councilman Harry Williams, City Manager Philip Cook and Cleveland Police Dispatcher Tommye Pressley.
When asked about the city’s response to the suit, Cook responded with “no comment.” However, Ray Viada, the attorney from the Texas Municipal League’s Intergovernmental Risk Pool that is representing the majority of the defendants, stated, “We’ve just been retained and we’re working out the basics of our legal strategy.”
Additionally, James Dunbar and Kimmons Security are also named as is the Cleveland Advocate, the Advocate’s parent company - ASP Westward L.P., and the Advocate’s Editor Vanesa Brashier.
The suit states that Scott “believes that Patterson and Williams conspired with Pressley and Cook, and they acquired the assistance of Hines to carry out their plans to get [Scott] discharged from her job. [Scott] believes that these individuals used [their] positions and authority with the City of Cleveland to deprive her of her job as dispatcher supervisor because of her race.”
Among other things the seven counts in the lawsuit claim that Scott was wrongfully discharged, discriminated against, defamed, libeled, suffered the intentional infliction of emotional distress and was the victim of a civil conspiracy.
The civil conspiracy charge alleges that Cook, Patterson, Pressley and Williams “solicited and/or created alleged policy violations, which contained numerous false, misleading and unverified statements and published said statements to [Scott’s] superiors and others who publicly defamed [her] and ultimately caused [her] to be terminated from her employ with the City of Cleveland.”
The suit states that Cook, Patterson, Pressley and Williams sought the assistance of others “to ensure their plan was implemented.”
The plan, as stated in the lawsuit, was to “turn back the hands of time as it relates to race relations and the status of people of color within the City of Cleveland.”
Scott alleges that to help implement their plan, Cook, Patterson. Pressley and Williams secured the services of James Dunbar and Kimmons Security who proceeded to investigate her and that the city used the pretext of her being investigated to suspend her.
Scott’s suit alleges that “no person of a different race, including any Caucasian employee, has been suspended on the basis of the allegations, such as they were, or the lack thereof as was done in her case, that no other employee was suspended and investigated by an outside agency on the basis of the allegations made against her, nor has any such employee been treated the way she was treated as was done in her case, and that the department treated her differently than it did other employees who were being investigated at the same time as she, as well as those investigated prior to her investigation.”
The investigation mentioned in the suit was conducted by Dunbar and Bruce W. Music of Kimmons Security. The suit also alleges that a report authored by Dunbar and Music and issued by Kimmons at the conclusion of the firm’s investigation into a March 2007 incident in which two Cleveland Police officers were injured and one was crippled “contained numerous false statements about [Scott]” and that “Kimmons failed or refused to verify the content of the information.”
The Kimmons Report, as it has come to be known, provides a second-by-second timeline of the March incident in which Cleveland Police Officer Kevin Potter attempted to apprehend Joshua Cannon. During that incident with Cannon, Potter’s knee was shattered, requiring him to be taken by air ambulance to a Houston hospital followed by a lengthy recuperation.
Scott was the dispatcher on watch the morning of the incident and it is alleged that while Potter was being assaulted by Cannon, she was on the phone with her husband talking about their son learning to whistle.
Scott’s lawsuit states that after she was terminated in November of 2007, she applied for unemployment compensation and that her application was challenged by the City of Cleveland. It goes on to read that “the Texas Workforce Commission granted the application for unemployment and made a finding that there was no basis to deny compensation to Mrs. Scott because the allegations made against her for misconduct were insufficient or otherwise not verified, and she was terminated for reasons other than misconduct.”
In a November 20, 2007 letter sent from Hines to Scott terminating her employment, Hines stated that she was “found to have violated City policy by instructing a subordinate to use an electronic device to listen in on a private conversation between co-workers and [she was] later untruthful when questioned regarding this incident.”
Hines’ letter also stated that “despite subsequent radio calls from Officer Potter, nearly five and one-half minutes elapsed between the time of his request and the time [she] “toned” EMS. This unwarranted delay in sending assistance to an injured officer is a serious and potentially deadly breach of [her] dispatch and supervisory responsibilities.”
Scott’s lawsuit goes on to state that she was defamed by the Kimmons Report and the publication of its findings and that she “did not order anyone to eavesdrop and [she] was not in violation of the [city’s] policies.”
Scott’s suit also states that “the number of material false statements published by these defendants are numerous and additional statements will be provided at the trial on the merits of this matter.”
March 6, 2007: Cleveland Police Officer Kevin Potter is involved in a violent confrontation with Joshua Cannon during an arrest. Potter was seriously injured and had to be taken by air ambulance to a Houston hospital. Potter is off work for months recuperating.
October 2007: Cannon’s trial is held in the 253rd District Courtroom of Judge Chap Cain. He is found guilty and sentenced to 10 years deferred adjudication and 12 months in a substance abuse program.
Nov. 28, 2007: The Advocate learns that the city has launched an investigation into the operations of the police department. An Open Records Request is made for the report.
Dec. 5, 2007: Head Dispatcher Sonya “Tammy” Scott is fired from the Cleveland Police Department. Another officer is fired at the same time, though for reasons unrelated to Scott.
Dec. 19, 2007: The Advocate publishes an article based on the Kimmons Report, the independent investigation into the police department.
May 2008: Letter of demand is issued to the City of Cleveland by the legal representative of Scott. The Advocate publishes this article on May 6, 2008.
Nov. 14, 2008: Lawsuit is filed against the 10 parties named in the above article.
The suit names 10 defendants including the City of Cleveland, Cleveland Police Chief Ike Hines, Assistant Chief Henry Patterson, City Councilman Harry Williams, City Manager Philip Cook and Cleveland Police Dispatcher Tommye Pressley.
When asked about the city’s response to the suit, Cook responded with “no comment.” However, Ray Viada, the attorney from the Texas Municipal League’s Intergovernmental Risk Pool that is representing the majority of the defendants, stated, “We’ve just been retained and we’re working out the basics of our legal strategy.”
Additionally, James Dunbar and Kimmons Security are also named as is the Cleveland Advocate, the Advocate’s parent company - ASP Westward L.P., and the Advocate’s Editor Vanesa Brashier.
The suit states that Scott “believes that Patterson and Williams conspired with Pressley and Cook, and they acquired the assistance of Hines to carry out their plans to get [Scott] discharged from her job. [Scott] believes that these individuals used [their] positions and authority with the City of Cleveland to deprive her of her job as dispatcher supervisor because of her race.”
Among other things the seven counts in the lawsuit claim that Scott was wrongfully discharged, discriminated against, defamed, libeled, suffered the intentional infliction of emotional distress and was the victim of a civil conspiracy.
The civil conspiracy charge alleges that Cook, Patterson, Pressley and Williams “solicited and/or created alleged policy violations, which contained numerous false, misleading and unverified statements and published said statements to [Scott’s] superiors and others who publicly defamed [her] and ultimately caused [her] to be terminated from her employ with the City of Cleveland.”
The suit states that Cook, Patterson, Pressley and Williams sought the assistance of others “to ensure their plan was implemented.”
The plan, as stated in the lawsuit, was to “turn back the hands of time as it relates to race relations and the status of people of color within the City of Cleveland.”
Scott alleges that to help implement their plan, Cook, Patterson. Pressley and Williams secured the services of James Dunbar and Kimmons Security who proceeded to investigate her and that the city used the pretext of her being investigated to suspend her.
Scott’s suit alleges that “no person of a different race, including any Caucasian employee, has been suspended on the basis of the allegations, such as they were, or the lack thereof as was done in her case, that no other employee was suspended and investigated by an outside agency on the basis of the allegations made against her, nor has any such employee been treated the way she was treated as was done in her case, and that the department treated her differently than it did other employees who were being investigated at the same time as she, as well as those investigated prior to her investigation.”
The investigation mentioned in the suit was conducted by Dunbar and Bruce W. Music of Kimmons Security. The suit also alleges that a report authored by Dunbar and Music and issued by Kimmons at the conclusion of the firm’s investigation into a March 2007 incident in which two Cleveland Police officers were injured and one was crippled “contained numerous false statements about [Scott]” and that “Kimmons failed or refused to verify the content of the information.”
The Kimmons Report, as it has come to be known, provides a second-by-second timeline of the March incident in which Cleveland Police Officer Kevin Potter attempted to apprehend Joshua Cannon. During that incident with Cannon, Potter’s knee was shattered, requiring him to be taken by air ambulance to a Houston hospital followed by a lengthy recuperation.
Scott was the dispatcher on watch the morning of the incident and it is alleged that while Potter was being assaulted by Cannon, she was on the phone with her husband talking about their son learning to whistle.
Scott’s lawsuit states that after she was terminated in November of 2007, she applied for unemployment compensation and that her application was challenged by the City of Cleveland. It goes on to read that “the Texas Workforce Commission granted the application for unemployment and made a finding that there was no basis to deny compensation to Mrs. Scott because the allegations made against her for misconduct were insufficient or otherwise not verified, and she was terminated for reasons other than misconduct.”
In a November 20, 2007 letter sent from Hines to Scott terminating her employment, Hines stated that she was “found to have violated City policy by instructing a subordinate to use an electronic device to listen in on a private conversation between co-workers and [she was] later untruthful when questioned regarding this incident.”
Hines’ letter also stated that “despite subsequent radio calls from Officer Potter, nearly five and one-half minutes elapsed between the time of his request and the time [she] “toned” EMS. This unwarranted delay in sending assistance to an injured officer is a serious and potentially deadly breach of [her] dispatch and supervisory responsibilities.”
Scott’s lawsuit goes on to state that she was defamed by the Kimmons Report and the publication of its findings and that she “did not order anyone to eavesdrop and [she] was not in violation of the [city’s] policies.”
Scott’s suit also states that “the number of material false statements published by these defendants are numerous and additional statements will be provided at the trial on the merits of this matter.”
March 6, 2007: Cleveland Police Officer Kevin Potter is involved in a violent confrontation with Joshua Cannon during an arrest. Potter was seriously injured and had to be taken by air ambulance to a Houston hospital. Potter is off work for months recuperating.
October 2007: Cannon’s trial is held in the 253rd District Courtroom of Judge Chap Cain. He is found guilty and sentenced to 10 years deferred adjudication and 12 months in a substance abuse program.
Nov. 28, 2007: The Advocate learns that the city has launched an investigation into the operations of the police department. An Open Records Request is made for the report.
Dec. 5, 2007: Head Dispatcher Sonya “Tammy” Scott is fired from the Cleveland Police Department. Another officer is fired at the same time, though for reasons unrelated to Scott.
Dec. 19, 2007: The Advocate publishes an article based on the Kimmons Report, the independent investigation into the police department.
May 2008: Letter of demand is issued to the City of Cleveland by the legal representative of Scott. The Advocate publishes this article on May 6, 2008.
Nov. 14, 2008: Lawsuit is filed against the 10 parties named in the above article.
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