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Gay Cop Sues NYPD For Taking His Scholarship Away
By
Garth Johnston
Published Apr 25, 2012
Modified Apr 25, 2012
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By
Garth Johnston
Published Apr 25, 2012
Modified Apr 25, 2012
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A probationary police sergeant was so upset over a poor evaluation he received from a lieutenant that he went and sued the NYPD. According to Michael J. Fox (yes, that is his name) an unnecessarily negative review by Platoon Commander Lieutenant Roger Lurch led him to lose a year-long paid leave of absence and a scholarship to Hunter College—and so sued to get both back [PDF]. Maybe the fact that Fox is gay and Lurch is not could help his case?
According to papers filed in Manhattan Supreme Court, Fox had an exemplary record until last year. He joined the force in August 1998 and, while largely working in admin, had no disciplinary charges or complaints. He managed to get a BA in forensic psychology and a Masters from John Jay while working full time as a recruit instructor for the Police Academy. So last January he applied for and got an NYPD scholarship that would let him study for a masters in urban affairs at Hunter College while on paid leave.
But at the same time Fox had also been promoted to the rank of sergeant and, in March 2011, he was assigned to the West 100th Street station house where Lurch was his supervisor. And it seems Lurch, as well as others, didn't like Fox, giving him a 2.5 out of 5 rating in an evaluation. Because of that, Fox's scholarship was revoked soon after. "The narrative sections of the review contained a number of strongly negative evaluations," according to court papers. Which didn't surprise Fox, who testified in an affidavit that "It was clear to me from the beginning that as I had never worked in the same tough precincts as he had, I would never be a ‘real’ cop in Lt. Lurch’s eyes."
It wasn't just Lurch, however. Then precinct commanding officer Kathleen O'Reilly said in an affidavit that Fox "exhibited a flippant attitude, stating that in the scheme of things it didn’t matter because his prior evaluations
were above standards." And something in the last evaluation certainly bothered the NYPD. Wilbur Chapman, the NYPD's Deputy Commissioner of Training, said in an affidavit:
“In my opinion, this [was] the worst evaluation of a newly promoted sergeant I have seen. . . . After reading the evaluation, I became concerned that if petitioner were permitted to take a leave of absence, the Police Department would not have the opportunity t o continue to evaluate whether petitioner can develop and demonstrate the necessary performance skills to satisfactorily complete his mandatory probation period and become permanent in the rank of sergeant...During a briefing session with the Police Commissioner, I brought the matter to his attention, and he ordered petitioner’s scholarship to be revoked.”
Last December, Judge Carol Huff dismissed the case, pointing out that the Fox did not lose his job, or his "opportunity to succeed as a sergeant and apply again for the scholarship." It now appears that Fox has filed another suit: The Post reports that the new lawsuit alleges that "Lurch routinely sneered things at him in the West 100th Street station house like, 'You’re not a real cop,' 'You belong at a desk,' and, 'In the real world, we have to lay hands on people and make arrests.'"
The City's Law Department says they "are still awaiting service of the legal papers."
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Garth Johnston
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