Fresno police sergeant alleges racial discrimination in lawsuit against city and chiefs
A Fresno Police sergeant has filed a federal lawsuit alleging Fresno Police Chief Andy Hall and former Chief Jerry Dyer racially discriminated and retaliated against him after he was twice passed up for promotion.
The lawsuit was filed Jan. 13 by Temujin “Tony” Bustos, who seeks damages and an order from the court that he be promoted to lieutenant.
Bustos said in the lawsuit that he complained to the Fresno Police Officers Association and his supervisors in 2017 when the department moved officers into a new corporal position without proper training, creating a safety risk for police and the public.
After that, Bustos said he was skipped for promotion to lieutenant later in 2017 and again in 2018 after ranking third on a placement exam. During his interview, Dyer expressed frustration that Bustos complained about the lack of training for corporals, the lawsuit alleges.
After he was skipped for promotion the second time, Bustos spoke with four deputy chiefs, about five captains and five or six lieutenants seeking answers for why he was denied a promotion. None of them named performance or leadership issues, but they said he appeared to upset Dyer with his 2017 complaint.
Bustos alleged in the lawsuit that Dyer said he wouldn’t be embarrassed if Bustos sued and that previous employees who sued “had not fared well” and “expressed regret over suing.”
Dyer said those claims aren’t accurate. “In fact, I promoted a person to the rank of sergeant who had previously sued me and the city of Fresno,” he told The Bee on Wednesday.
The lawsuit alleges white employees with a history of discipline are more frequently given second chances in the department and that Latino employees are “relegated to career purgatory” for minor and major issues, whether they’re legitimately real or just perceived.
Dyer disputed many of the claims in the lawsuit. Dyer was the one who promoted Bustos to sergeant, he said, and race had nothing to do with the decision not to promote him to lieutenant. The person Dyer promoted who was directly behind Bustos is also Hispanic, he said.
“My decision to not promote Sgt. Bustos to the rank of lieutenant was based on significant input I received from my deputy chiefs who expressed concerns with him being promoted,” Dyer said. “The decision to not promote Sgt. Bustos was based on what I felt to be in the best interest of the department and the community.”
Bustos filed a claim for damages with the city of Fresno in August, which the city acknowledged in September. Four days later, the lawsuit alleges Bustos was removed from the lieutenant promotion list. Bustos was forced to complain to be put back on the list. The city officially denied his claim for damages in December, according to the lawsuit.
As per policy, the city does not comment on current or pending legal matters, said Mark Standriff, the city’s director of communications and public affairs.
Dyer, who is running for mayor, officially retired in October. Hall was named acting chief in August and was sworn in as chief in October.
While Hall was a captain and Bustos was a motor sergeant, Bustos alleged Hall called him a “Zika baby,” referring to the virus outbreak in Latin America in 2015 and 2016.
By being denied a promotion, Bustos suffered the loss of past and future benefits including salary, increased pension and more, the lawsuit alleges. He also suffered mental anguish, humiliation, anxiety and has incurred attorney fees.