Legal News

Author of Racist Email About Gates Sues to Keep His Job

By Ashby Jones

We really thought that the Henry Louis Gates-James Crowley kerfuffle had given the Law Blog all it could possibly give.

On the one hand, we still hold to that — now that Gates and Crowley have practically become BFFs, what with the talk of Red Sox games and family get-togethers.

But an ugly little tendril has grown out of the saga, one which has, yes, developed into a full-fledged lawsuit.

The backstory: In an email sent during the height of the furor, Justin Barrett, a Boston police officer, made a racist slur about Gates, calling him a “banana-eating jungle monkey.” When the Boston Police Department uncovered the email, it immediately put Barrett on administrative leave, stripping him of his badge and weapon. The department set up an official termination hearing. Even Boston’s mayor, Thomas Menino, got involved, saying of Barrett: "He's gone. G-O-N-E.''

On Monday, Barrett sued the police department and other city officials, alleging the city wronged him a variety of ways. He alleges, under 42 U.S.C. Sec. 1983, violations of the 14th Amendment’s due process and equal protection clauses, as well as other state and federal claims. Click here for the story, from the Boston Globe, here for a copy of the complaint.

According to the lawsuit, the mayor and commissioner's actions caused Barrett “pain and suffering, mental anguish, emotional distress, posttraumatic stress, sleeplessness, indignities and embarrassment, degradation, injury to reputation, and restrictions on personal freedom.”

Barrett requested that the police department enjoined from decreasing, terminating, or withholding any wages. He also asked for money damages, attorney's fees, and punitive damages.

Representatives of both the mayor and commissioner declined to comment yesterday on the pending litigation. Boston police spokeswoman Elaine Driscoll said it was policy not to comment on pending litigation.

Barrett is represented by Boston lawyer Peter T. Marano.

Full post as published by Law Blog - WSJ.com on August 04, 2009 (boomark / email).