Todd v. City of Lansing and Accident Fund Company of America, 062905 MIWC, 2007-576

• Case Date: June 29, 2005
• Court: Michigan

Williams, Todd, SS# xxx, Plaintiff v. City of Lansing and Accident Fund Company of America, Defendants No. 2007-576 Michigan Workers Compensation State of Michigan Department of Labor and Economic Growth Board of Magistrates June 29, 2005          The social security number and dates of birth have been redacted from this opinion.           Hearing Date: November 13, 2006           Alleged Date of Injury: April 4, 2004           William Biebuyck (P66159) for Plaintiff           Richard Weiser (P22137) for Defendants           GARRY GOOLSBY 228G, JUDGE          Statement of Claim: Claimant’s hostile and discriminatory work environment caused and/or aggravated emotional disability which caused disability from employment.          Lay Witnesses:          Todd Williams          Robert Merritt          John Cosme          Teresa Szymanski          Ray Hall          Edward Forest, Jr.          Exhibits:

Plaintiff’s Exhibit #2 – April 3, 2006 report of William R. Meermans, Jr., Ph.D.

Plaintiff’s Exhibit #3 – Records of Michael Kowalczyk, D.O.

Plaintiff’s Exhibit #4 – 2003 Annual Report cover sheet and page 44

Plaintiff’s Exhibit #5 – February 14, 2005 letter from Personnel Department

Plaintiff’s Exhibit#6 – E-mail from Capt. Ray Hall

         Depositions:

Gerald Shiener, M.D., Plaintiff’s Exhibit #1

Gustav M. Lo, M.D., Defendant’s Exhibit A

         Stipulations: The stipulations of the parties were made part of the record (see stipulation sheet).          Lay Testimony          Plaintiff testified he graduated from Cass Tech High School in Detroit. Following high school, Plaintiff attended the University of Michigan on an academic scholarship and started studying industrial engineering with a minor in criminal justice/psychology. He graduated with a general studies degree in 1996. Plaintiff was involved in officer training school and during that time thought about being a police officer. He began his training as a Lansing Police officer in January 1998. Plaintiff said he passed a pre employment physical.          Plaintiff has relocated to Arizona and currently is working about 20 hours per week as a security officer for U.S. Protect at Luke Air Force Base. He began that position in September 2005. Plaintiff stated he is also currently working fulltime security at a nuclear power plant. That position began in April 2006. Plaintiff said he is still in training at that position. From July 2005 to the commencement of his position with U.S. Protect, Plaintiff worked for Pro Guard security as a watch commander.          Plaintiff said there were several instances that occurred while he was training. He said a great deal of the training dealt with racial sensitivity. He said he Officer Devlin had a number of discussions about racial equality. Plaintiff said in June 1998 there were two similar accidents on the same day. One involved a black driver and the other a white female. In the first instance, involving the black motorist, Plaintiff said he was not going to write a ticket, but was told to do so by Officer Devlin. In the second incident, Plaintiff was going to write a ticket because of the first situation, but Devlin told him not to write the ticket. Plaintiff said he was confused and angry because he could not understand the logic.          In another incident involving Officer Devlin, Plaintiff said the two got in an argument over which color of car – black or white – was better. Plaintiff stated Devlin told him he was not receptive to training and yelled at him. He said they drove back to the station where Devlin went in and said he could not work with Plaintiff. This was reported to the commander, but no action was taken. He said the situation made him angrier than the first incident and further stated he did no understand how that was tied into his training.          Plaintiff testified he missed a team meeting in May 1999. He said he thought attendance at the meeting was voluntary and he was the only one written up though several other officers missed the meeting. He said he received a verbal counseling from Sgt. Larner. Plaintiff stated Sgt. Larner later apologized for the situation.          In 1999 Plaintiff said he injured his back at a funeral and subsequently called in sick. He said Sgt. Forest ordered him to the hospital for an evaluation. He stated Sgt. Forest told him it was none of his business why he was being ordered to the hospital.          Plaintiff also discussed a pick up basketball game at the precinct in 2001 in which he and Officer Merritt got involved in an altercation. Plaintiff said Officer Merritt struck him so he struck him back. Plaintiff said Merritt left the court and then came back to the gym to tell Plaintiff he was doing to report him. Shortly thereafter, the commander, Sgt. Klaus told Plaintiff to write a statement. After Plaintiff wrote his statement, he was told the matter would go to the prosecutor and Plaintiff was sent for a fit for duty physical. He said he was required to undergo an urine analysis and a blood draw to test for steroids. Finally, Plaintiff was subjected to a psychological review. Plaintiff said he was suspended for two days. Plaintiff stated he felt like a victim because he wanted a report taken from him as the victim, but that did not happen. He said he felt helpless and for the first time felt unsafe.          Plaintiff also described an incident involving a cellular phone. He said he and another officer responded to a domestic situation wherein someone had assaulted their mother.          According to Plaintiff, when they arrived the woman was sitting on the porch. She informed the officers the assailant had a knife, but no guns in the home. She also told Plaintiff the assailant was bigger than he was. Plaintiff said dispatch was called, but he had a problem getting through. Plaintiff said he used his personal cell phone to call Officer Jones to tell him what was going on and to ask for backup. He said the assailant was arrested without further difficulty.          Plaintiff returned to the precinct where Sgt. Cressman subsequently asked him to step into his office, closed the door, walked back and stood in front of Plaintiff and placed his finger in Plaintiff’s face and told him to sit down. Plaintiff said he was instructed to write a report why he was using a personal cell phone while on duty. Plaintiff said he did not feel comfortable in the room alone with Sgt. Cressman. Plaintiff said during this time an officer called for backup. Plaintiff said he told Cressman he would write the report when he got back from helping the other officer. While walking down the hall, Plaintiff said he was ordered back to write the report. Instead he got in his patrol car and left. He said he was again ordered back to the station. He was subsequently given one day off for insubordination.          Plaintiff also described in incident wherein an unidentified person stated they smelled marijuana on Plaintiff’s person. Plaintiff said he and Officer Jones were kept separated by Sgt. Forest and Lt. Bruce Ferguson. Plaintiff said he requested that a formal complaint be taken. He said he asked Lt. Ferguson for a report on several occasions, but was never given a report. He further stated he was not disciplined for the incident. He stated he and Jones had participated in the arrest of someone who had been using marijuana. Plaintiff said he felt he would be charged. He said he was worried about his military career. He also stated he was not concerned about any medical evaluation. In October 2003, Plaintiff said he became a Community Service Officer working with neighborhood groups. It was about this time that he and Officer Jones went to see Chief Alley to discuss concerns they had with the treatment of the department’s black officers. He...