City of Durham, police chief want lawsuit dismissed
DURHAM (WTVD) -- The City of Durham and its police chief are asking a judge to dismiss the civil rights lawsuit filed against them.
Durham Assistant Police Chief Winslow Forbes is suing the city, City Manager Tom Bonfield, and Police Chief Jose Lopez, alleging civil rights violations.
Forbes' lawsuit says he was passed over for promotion because of complaints he had made about discrimination in the department.
The lawsuit also accuses Lopez and city officials disregarded Forbes' right to be free from illegal race discrimination in the workplace.
Both Bonfield and Lopez denied Forbes' allegations in recent court filings.
"It is expressly denied that Chief Lopez did not promote Plaintiff to Deputy Chief in retaliation for Plaintiff's purported opposition to race discrimination by Lopez," wrote a city attorney in their response to the lawsuit.
The suit comes after a discrimination complaint Forbes filed with the federal Equal Employment Opportunity Commission last August. That complaint charged discrimination on the basis of race.
After the federal investigation, the Justice Department indicated earlier this year it would not pursue the case itself.
The lawsuit says Lopez promoted a white lieutenant to captain over a black female lieutenant who was at the top of the rating list for promotion.
The lawsuit also says Forbes was passed over for promotion to a deputy chief position at least twice, including at least once where he was the top-rated candidate.
Forbes' suit requests a jury trial and asks that the defendants be assessed punitive damages "exceeding $10,000," and his attorney's fees and other costs.
The city is requesting the lawsuit be dismissed and that Forbes be required to pay its legal fees.
