Spangler v. Perales
Lieutenant Perales (Hispanic) asked Officer Robinson (biracial) why he did not shave his facial hair in compliance with Department policy. Robinson’s doctor’s note was deemed inadequate. Robinson has folliculitis, a painful skin condition that most often occurs in black men who shave. Weeks later, Robinson revived the issue. Lieutenant Hersey (African‐American) was present. Perales told Robinson that his inquiry was not racially based and recounted that Chicago police used to say that “We don’t back n‐‐‐‐rs up” and Perales claimed, “That’s not me.” Hersey told Perales that this was inappropriate but did not report the incident. Weeks later, Robinson told Perales that he had scheduled another doctor’s appointment and invited Perales to look at his scars, caused by shaving. Perales responded, “it must be the n‐‐‐‐r in you.” Robinson's partner, Pawlik, overheard. Robinson submitted a grievance. Chief Richardson (African-American) imposed a 20‐day suspension. Robinson, Pawlik, and watch commander Spangler noticed that Perales was subjecting Robinson to particular scrutiny. Perales and Hersey directed Spangler to “go against” Robinson and Pawlik. Spangler refused. Another officer reported that Perales had stated that Robinson and Pawlik needed to “watch [their] asses.” Following Robinson's second grievance. Perales was found not to have engaged in any wrongdoing and was reassigned to Internal Affairs. Robinson was passed over for promotion. Spangler received two unwarranted notices of infraction, then was bumped from his watch commander position. In Robinson and Spangler's suit, the court granted the defendants judgment on all claims except for Robinson’s retaliation claim against Perales and the Board. A jury found against Perales and in favor of the Board, awarding Robinson one dollar. The court declined to award Robinson attorneys’ fees. The Seventh Circuit vacated the defendants' judgment on Robinson’s claim for racial harassment and Spangler’s claim for retaliation and otherwise affirmed. View "Spangler v. Perales" on Justia Law
