Morris Prosecutor Faces Racial Discrimination Lawsuit From Pair of Detectives
The federal lawsuit says minority males in the Morris County Prosecutor's Office are disproportionately passed over for promotions.
October 21, 2019 at 04:29 PM
4 minute read
Morris County Prosecutor Frederic Knapp has been hit with a federal civil rights lawsuit by two African American members of his detective staff.
Minority males in the Morris County Prosecutor's Office are disproportionately passed over for promotions, which are made without the benefit of interviews, tests or objective standards, according to the suit filed Oct. 17 in U.S. District Court in Newark. Plaintiffs Harrison Dillard and Aaron King were subject to a hostile work environment in which others made disparaging remarks about minorities, according to the suit.
Besides the Morris County Prosecutor's Office and Knapp, the suit names seven other high-ranking individuals in the office as defendants. The suit says plaintiff King tendered his resignation on Oct. 15, citing racial discrimination, but the department refused to process his resignation, citing multiple pending disciplinary charges calling for his termination. The refusal to accept his resignation constitutes a violation of the U.S. Civil Rights Act, King claims.
The suit also says a colleague once showed a photo of a black male criminal suspect to King and said,"It's like looking in the mirror, isn't it?" And another colleague referred to a black person as a "shine," a racial slur derived from shoeshiner, in the presence of Dillard and several others, but no action was taken, the suit claims.
The department uses its promotional process to discredit and retaliate against those who top administrators dislike, including Dillard and King, the suit says. Minorities under Knapp's administration have been disproportionately excluded from the most coveted positions on tactical teams, according to the complaint.
The suit also accuses the defendants of violating the Law Against Discrimination by subjecting the plaintiffs to a racially hostile work environment on a daily basis. In addition, the suit brings claims under the Americans with Disabilities Act, citing the department's alleged targeting of King for discipline and investigations because he sought treatment for dependency on alcohol or drugs.
The suit also says Dillard was given negative performance reviews for complaining to his superiors about a co-worker using a racial epithet, and about other colleagues using derogatory terms toward minority groups. In addition, the suit claims Dillard received a promotion to the rank of captain after complaining to the state Division on Civil Rights about being passed over for promotions. The division found Dillard met the requirements for an unlawful-retaliation charge because he received low performance evaluations in retaliation for complaining about a hostile work environment, the suit claimed. He was promoted to captain within four days after the division made that determination, the suit claims.
But on being promoted to captain, Dillard was loaned to the New Jersey State Police as a task force member, an assignment typically given to young detectives who are just starting their law enforcement careers, the suit claims.
"By 'promoting' plaintiff Dillard on paper, and then sending him out on loan to the NJSP, the Morris County Prosecutor's Office was able to accomplish their administrative objective of appeasing the Division on Civil Rights while at the same time removing plaintiff Dillard from his position within the office," the suit claims.
Peter LaGreca of Caruso Smith Piccini in Fairfield, who represents the plaintiffs, said that "the Morris County Prosecutor's Office has spiraled out of control over the last five years, with certain ranking members of the office given unchecked authority to do whatever they want. The result is decisions that don't make sense, are arbitrary and downright retaliatory."
Meghan Knab, a spokeswoman for Knapp, said in an email message, "The Morris County Prosecutor's Office denies all of the allegations made by these plaintiffs. We look forward to litigating these specious claims before the court. We cannot respond to any of these statements outside of the courtroom in accordance with the Rules of Professional Conduct. The case is without merit and will be vigorously defended."
Knapp became Morris County prosecutor in 2014 after serving as acting prosecutor starting in 2012. He was appointed by then-Gov. Chris Christie. Before that, he was with Knapp, Trimboli and Prusinowski, a management-side labor and employment firm in Florham Park.
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