Judge Rules Against LAPD in Reverse Bias Suit

A federal judge ruled Thursday against the Los Angeles Police Department in a reverse discrimination case, finding that department officials improperly selected a minority candidate for promotion over more qualified white officers.

U.S. District Judge William Keller ruled that Lt. Richard Dyer’s civil rights were violated when a less qualified black candidate was chosen for the position of watch commander for the LAPD’s air support division.

The judge, however, also ruled that another white candidate--who was not part of the lawsuit--was even more qualified than Dyer and that Dyer still would not have won the position. Keller is expected to determine Dyer’s damage award, if any, next week.

“We’re profoundly disappointed with it,” Assistant City Atty. Robert Cramer said of the judge’s ruling. “No question a lot of attention will be paid to the judge’s remarks.”

The judge’s ruling comes as the LAPD is struggling to meet several court-ordered consent decrees, which set hiring and promotional goals for women and minorities.

Moreover, as the LAPD fights Dyer’s and other officers’ charges of reverse discrimination, it also is trying to negotiate a settlement of a class-action suit alleging that women and minorities are still victims of discrimination.

“The LAPD is in a pickle,” said one City Hall insider. “It can’t please anyone these days.”

LAPD spokesman Lt. Anthony Alba declined comment, saying he was unaware of the ruling. The judge’s decision is believed to be the first successful reverse discrimination lawsuit in court in recent memory, several attorneys and LAPD officials said.

On Tuesday, Dyer’s attorneys will ask the judge to issue an injunction that would impose limits on the LAPD’s use of affirmative-action goals in promoting minority employees.

Attorney Patrick J. Manshardt, who represents Dyer, said the LAPD’s current affirmative-action program is not fair.

In his Thursday ruling, Keller said he did not believe LAPD officials who testified that race was not a consideration in the selection of the watch commander post in January 1996.

Dyer’s attorneys contended that department officials changed the qualifications concerning flight experience to increase the pool of minority candidates. They further alleged that Lt. Michael Williams--a highly regarded black officer--was the candidate favored by LAPD brass even before other candidates had a chance to apply.

At that time, the air support division had no minorities in supervisory jobs, Cramer said.

“The judge felt that the position was pre-selected, that it had been preordained,” said Manshardt.

Cramer said that Williams is a highly qualified officer who won the coveted position on his own merits. Williams has since left that position for another high-profile job in the department: the officer in charge of the LAPD’s Special Investigation Section, an elite undercover squad. Cramer said Keller repeatedly mentioned in his ruling that Williams is a “strong, competent, intelligent and forceful” leader.

Nonetheless, the judge said Dyer and another candidate had broader supervisory experience than Williams.

Even though the judge ruled that Dyer’s civil rights had been violated, Dyer said he was “disappointed” the judge did not force the LAPD to give him the air support job. Keller did not make such an order because he determined that Lt. Ronald Newton, another white candidate who has since retired, was even more qualified than Dyer.

Dyer, 48, who is assigned to the LAPD’s anti-terrorist division, said he paid for his own flight lessons and purchased his own aircraft to prepare him and make him the most qualified candidate.

Cramer said Dyer was bypassed for the watch commander post three time before he lost out to Williams and two subsequent times. In all five of those cases, Dyer lost to a white candidate, Cramer said.