A federal court jury this week began hearing claims that a former San Jose police lieutenant was passed over several times for promotion in retaliation for his complaints about race discrimination in the department.
In a trial expected to last several weeks, Glenn Harper, an African American veteran of more than 25 years in the police force, is pursuing unspecified damages against the city for allegedly bypassing him for a lieutenant's job on at least four occasions in favor of less qualified candidates.
Harper, who retired in December, eventually was promoted to lieutenant in 2009, but claims lost wages and emotional distress as a result of the rejections.
The trial is expected to force current San Jose Police Chief Christopher Moore and his predecessor, Rob Davis, who is accused of specifically retaliating against Harper, to take the witness stand.
San Jose city lawyers deny any bias or misconduct in Harper's case.
In court papers, Harper, 50, alleges that race was a factor in denying him promotion to lieutenant between 2002 and 2006.
He also argues that he was passed over for promotion in retaliation for filing a 2005 racial discrimination claim against the department with the state Department of Fair Employment and Housing.
Among other things, Harper plans to present jurors with allegations Davis orchestrated a harassment complaint against him by a female officer to justify his transfer from the vice unit to patrol in 2007.
Harper maintains he was promoted to lieutenant only when he presented his case to two City Council members and the city manager, who allegedly pushed former Chief Davis to make the move.
In court papers, city lawyers deny all of Harper's claims. "Harper was treated no differently than any other promotional candidate and he was one of many candidates for a limited number of lieutenant positions," the city wrote in a statement filed earlier this week.
The trial is being held in U.S. District Judge Edward Davila's San Jose courtroom.
Howard Mintz covers legal affairs. Contact him at 408-286-0236 or follow him at Twitter.com/hmintz
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