A federal appeals court on Wednesday overturned a lower court ruling that a lower court must consider a Latin American police officer in Binghamton, New York, allegations of racial discrimination. against to express concern about discrimination, according to the decision of the Second U.S. Circuit Court of Appeals in New York Alan Quinones v. City of Binghamton et al.
The U.S. District Court in Syracuse had dismissed the case. A Supreme Court panel of three judges confirmed the dismissal of the retaliation fee, but took up the case to address the issue of discrimination. Quinones joined the department as a patrol officer in 2008, was promoted to sergeant in 2012 and then to lieutenant in 201
He claimed that since at least 2014 he had been subjected to "humiliation and ridicule" in his workplace. He said the department's deputy chief repeatedly called him "Ricky Ricardo"; mocked him when he spoke Spanish; in Mr. Quinones were good at "jumping fences"; and that Mr. Quinones had run with gangs and that he knew that Mr. Quinones had stolen cars and picked up locks in their youth, among cases of discriminatory behavior.
Mr. Quinones said he had been reprimanded for supporting a black officer discrimination charge, and that this had hindered his career advancement.
The Court of Appeal agreed with the lower court's dismissal of Quinone's repression fee. "Quinones fails to file a claim for retaliation because he does not assert any speech or conduct protected by the first amendment for which the defendants punished him," it said. July 2019 meeting with the city's HR director and works council to discuss his concerns about his career.
"Quinone's stated motivation to speak – to promote his own career – thus confirms that he did not speak in a matter of general concern," "The decision is said, as a confirmation of the termination of claims.
The district court did not consider Quinone's discrimination claim because it was not listed in the complaint, it also said. "It is true that the complaint only identifies a single basis for retaliation and does not in the same way mark a cause of discrimination. But this failure is not fatal here," it said. informed (respondent) sufficiently of the factual basis for "a claim of discrimination even though he did not enumerate it as a separate trial," it said, citing another case and remanding the case.
based Ronald R. Benjamin, said in a statement, "I am disappointed that the court did not consider the issue of racism to be a matter of public interest and look at whether l request a a banc review. "
Regarding the claim of discrimination, he said," We plan to pursue it vigorously after arrest.