JACKSONVILLE, Fla. – A Jacksonville fire captain testified Monday in federal court about what he calls discrimination and retaliation by his fellow firefighters.
"I felt rejected and dejected," Capt. Eric Mitchell testified before a jury.
Mitchell filed a lawsuit against Division Chief Gail Loput, Fire Chief Kurt Wilson and the city of Jacksonville.
RELATED: Lawsuit: Jacksonville fire captain discriminated against by fellow firefighters |
COURT DOCUMENT: Amended complaint and demand for jury trial
The Jacksonville Fire and Rescue Department follows a chain of command, but Mitchell said that command was broken when he was forced to answer to a lower ranking officer. Mitchell said, when he spoke up about it, he was retaliated against.
Mitchell testified that on Aug. 12, 2015, the chief of training, Loput, assigned Mitchell a liaison, Lt. Jesse Brown who is a white man with a lower rank.
Brown was assigned to talk to Mitchell on Loput's behalf.
Mitchell said he asked Loput why, and Loput's response was "It's easier for her to speak to Brown." Mitchell then had to answer to a lower ranking officer.
Mitchell testified that he asked Loput again why a lower ranking officer was telling him what to do.
Mitchell said Loput responded, "It's easier this way, your rank doesn't matter."
But according to the complaint, telling a superior what to do is a clear violation of JFRD rules.
Mitchell testified that Loput retaliated by canceling his business trip, excluding him from meetings and not talking to him at all. Mitchell said he told Wilson, but Wilson did nothing about it.
Mitchell testified that months later in October, he was transferred out of the training academy, despite never having any performance complaints. Mitchell testified that Loput said he was not "performing adequately."
Before the trial, the defense attempted to get the case dismissed, attorney Randy Reep explained.
"There was a motion to dismiss filed by the agency, by JFRD, essentially, that was denied, that was appealed," said Reep, who is not affiliated with the case. "So both the trial court and the appellate court have both already ruled with the plaintiff, just recognizing that that is in a view most favorable to the plaintiff, but this case be allowed to proceed."
Day 2 of testimony
The trial resumed Tuesday morning for the second day of testimony.
Mitchell was on the stand for cross-examination.
Division Chief Jill McElwee also testified.
McElwee told the court that the chain of command is always honored. The testimony supported Mitchell's claim that he was treated differently when he was told to take commands from a lower ranking officer.
The court also heard testimony from Ivan Mote, a former rescue district chief.
He testified that Mitchell was never a difficult person to work with and he was never disciplined.
The trial will resume at 9:30 a.m. Wednesday.
The city told News4Jax "no comment during pending litigation," which is normal.
History of complaints against JFRD
According to News4Jax records, there have been other complaints focused on race and JFRD.
In 2006, two black firemen arrived at Station Four and said they found nooses hanging on their gear. There was an investigation, but the results were inconclusive.
That same year, a jury found that a former chief discriminated against four white firefighters.
In March 2009, federal Judge Timothy Corrigan reopened a case into JFRD discrimination claims.
Six years later, Corrigan found evidence of discrimination.
On July 27, the Department of Justice reached a settlement with city for promotional practices allegations. The city will pay $4.9 million if the settlement is approved by a federal judge