Monday, November 21, 2022

The Clown Comes After UMMC

The Clown is on the prowl and this time has UMMC in his cross-hairs.  Former UMMC police officer Douglas Yates sued UMMC and several campus security officials in U.S. District  Court Thursday for race discrimination and retaliation after he became separated from the hospital earlier this year.  Grenada attorney Carlos Moore represents the Grenada resident.  

Yates has been a UMMC police sergeant at the hospital system's Holmes County campus since 2015.  This particular dispute began in January: 

12. On January 13, 2022, Defendant Dep. Chief Bromen sent an email to Plaintiff requesting that the daily end of shift reports for UMMC-Holmes County be submitted in the same format as the shift reports for the main Jackson campus. On the same date, Plaintiff met with Deputy Chief Bromen and was told that “they” were not doing enough work to justify having four officers and a supervisor at the UMMC-Holmes County campus. Deputy Chief Bromen further stated that if Plaintiff did not start showing more action, he would be reassigned to the Jackson campus, and instructed Plaintiff to falsify incidents in order to boost his daily reporting. Plaintiff refused to falsify any documents.

The complaint complains UMMC notified Yates on February 15 that he would be transferred to the Jackson campus on March 17.  Yates was out on family medical leave at the time.  However, Chief Paradis asked Yates where he lived so UMMC could retrieve his AR-15 and patrol car.  Now the fun begins: 

 On February 16, 2022, Defendant Chief Paradis sent Capt. Kehoe and Officer Walker to Plaintiff’s home to take his work equipment. Plaintiff did not agree to this arrangement. At all times relevant herein, both Capt. Kehoe and Officer Walker were two adult Caucasian males, employed by UMMC Police Department and friends of Defendant Deputy Chief Bromen.

19. The same night, Defendants Capt. Kehoe and Officer Walker parked their department issued patrol car a good distance away from Plaintiff’s residence, walked stealthily to his residence. Shortly thereafter, Plaintiff was physically assaulted by Officer Walker, forcibly pushed backwards (in the opposite direction of his home), causing injury to his back.

20. As Plaintiff was being physically assaulted by Defendant Officer Walker, Plaintiff heard Capt. Kehoe remove his service weapon from the holster, and release the safety. This is when Plaintiff called 911 for assistance from the Grenada Police Department.

21. Capt. Kehoe and Officer Walker fled the scene before anyone from the Grenada Police Department could respond to the 911-call. Nevertheless, Plaintiff filed criminal assault charges against Capt. Kehoe and Officer Walker. Said charges are still pending.

UMMC placed Yates on paid administrative leave on February 18.  Captain Kehoe and Officer Walker were not disciplined.  

Yates filed a race discrimination complaint with the EEOC on March 1.  He states he suffers from PTSD as a result of the alleged confrontation.  

The complaint states UMMC notified him on June 15 of his permanent separation due to the failure to "adhere to job-related medical examination." 

The EEOC investigated but determined on October 6 it was "unable to conclude that the information obtained establishes a violation of the statutes."  

The lawsuit charges the defendants with race discrimination, retaliation, intentional race discrimination, retaliatory discharge, and hostile work environment.  Yates asked for an unspecified amount of economic, compensatory, and punitive damages.  

The case is assigned to U.S. District Judge Kristi Johnson. 

Kingfish note: Given the nature of the plaintiff's attorney, there is probably a "something else" to this dispute.  Stay tuned. 



Anonymous said...

Employer's don't let good employees go.... lazy ass, no working, always someone else's fault employees are the ones that get canned.

Anonymous said...

I'd say 95% of service weapons now are Glock. I can't recall seeing UMMC officers with anything other than a Glock. Glocks, along with the majority of modern handguns, do not have external safeties to "release".

Contrary to movies and tv shows, firearms do not make a "chak chak" sound ever time they are unholstered or aimed.

Anonymous said...

Fire that racial shotgun Carlos, sooner or later you will hit something!

Anonymous said...

Imagine if all of this cop work was used to protect the staff in the stadium parking lot? They are typically seen inside drinking coffee and snacking. When an employee eventually gets killed or seriously injured due to making them park in a very unsafe parking lot that isn't really patrolled, UMMC will have to stroke a big check.

Anonymous said...

The plaintiff was asked to falsify documents, why didn’t the plaintiff report this to higher ups. The plaintiff was also asked to turn in his car and Issued equipment. Why do we make it so hard? Looks like UMMC has hired a bunch of little kids to run it’s police department from the Chief on down.

My take on this whole situation, the Chief and the plaintiff should be fired. We can do better and treat others with dignity! The Chief escalated this situation.

Call his ass into a meeting, talk to the plaintiff like a human being, ask for the keys and service weapon.

The plaintiff will have his day in personnel board hearing!

Anonymous said...

That's Judge President Carlos the Clown. Show some respect!

Anonymous said...

I've said it here before and will say it again: In America, over time everything will come down to race. We'll see whether the comment passes muster this time.

Anonymous said...

Was he wearing his flowery shirt when asked to resign? UMMC police is such a damn joke. You only have one job to keep the staff and parking areas safe. Yet you fail and make a fool of yourself at every twist and turn.

Anonymous said...

UMMC asked for their property and the plaintiff refused. Two goons sent by the Chief went lurking in the cover on night to retrieve the property of UMMC in another jurisdiction.

What’s wrong with this picture? No way in hell you can have me go to a man’s house and retrieve property that doesn’t belong to me! The UMMC police do not have jurisdiction outside it’s facilities/property!

A light should have went off in these two officers head. It could have ended bad!

Should have told the Chief, “ I don’t have a death wish”. Let Grenada Police handle it!

Don Drane said...

[Assuming the facts as stated in the complaint are accurate]

If plaintiff's attorney knew federal personnel law, he would have alerted when he learned plaintiff was effectively transferred, then terminated while out on Family and Medical Leave (as claimed), both being violations of federal law.

On the other hand, if the employer can prove to the court that the process of termination was underway and the employee simply asked for FMLA to avoid that termination, the employee cannot prevail - at least not on the basis of FMLA violation.

It's a violation of federal law to *terminate* an employee out on FMLA, assuming there's no documented failure to return to work at the expiration of leave and perform the normal duties of the job with or without reasonable accommodation, and assuming the employee followed the requirements of the Family and Medical Leave Act.

Additionally, the employer is not allowed under FMLA regulations, to question the reason for leave or the relative need for leave as long as the FMLA paperwork is correctly filled out by a medical professional and submitted to the employer as required by The Act. Nor is it allowed for an employer to inquire as to the reasons for medical leave. The federal paperwork does not require or solicit 'medical reason for leave' or 'condition for which employee is being seen'.

The complaint states the employer was 'unclear whether he could return to work based on provider's recommendation'. If the medical professional stated (on the form) beginning and ending dates and the fact that due to medical circumstances, the patient/employee must be absent from work, that legally completes the employee's obligation to provide information to the employer. The employer nor its personnel department nor other employees have any authority or right to delve (snoop) into the particular reasons for the absence, and certainly no right to record or discuss those specifics.

Anonymous said...

'Call his ass into a meeting, talk to the plaintiff like a human being, ask for the keys and service weapon.'

Did you mean to leave out 'have a legally defensible reason for termination' (one that does not involve illegal discrimination) in case illegal discrimination is charged? There are, after all, indefensible reasons for termination if the employer cannot show otherwise.

Anonymous said...

I wonder if Moore is paid up on his sanctions and contempts of court.

Anonymous said...

@12:10 UMMC can't even do that, see the carjacking 2 weeks ago. All UMMC police does is harrass and threaten customers and employees that smoke on campus grounds.

Anonymous said...

A Glock with a manual safety; now that's one of a kind.

Anonymous said...

UMMC PD is a farce.

Further, if there is any federal funding involved in the process and there is evidence that the DC tried that fraud scheme, he can definitely go to federal prison.

Anonymous said...

1145 is living in lala land. This whole ordeal is a bunch of horse hockey. The plaintiff knew his world was about to change. He then formulated a plan to be put into action as soon as UMMC began changing his world. There is a complete "other" side to this story. This is one of those $10,000 nuisance cases.

Don Drane said...

"...If plaintiff's attorney knew federal personnel law,..."

Sorry, meant to say, 'federal employment law' not 'federal personnel law'. Typing too fast on phone and not proofing.

Still wondering if all University Hospital departments simply wing it when it comes to these matters instead of running it by HR who should run it by a competent employment law attorney. You know...just in case the employer wants to save 2 or 300 thousand dollars.

Anonymous said...

UMMC PD management became aware of the little party going on at their Holmes Co. campus and decided to clean house. You know, part time attendance with full time pay.

Anonymous said...

9:04, if that's true, and it may well be...there's a proper, defensible way to go about popping that pimple. UMMC has a history of shooting from the hip, ignoring best practice in documentation and termination. Nothing they do surprises anybody reading about it.

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