FeedsOfficer files lawsuit
Attorneys for a veteran police lieutenant filed a Whistleblower’s lawsuit against the Inkster Police Department and city administration.
The lawsuit, filed by attorneys for Lt. Kevin Smith, 55, alleges he was demoted for testifying at federal court in 2007 regarding improper conduct by city officials in a reverse racial discrimination case, and for probing the viability of towing contract. The suit was filed at Wayne County Circuit Court three weeks ago.
An additional case filed in federal court by Smith’s attorneys also alleged the city violated Smith’s civil rights by removing him from his position without cause, according to court documents.
“Lt. Smith has been unjustly punished for exercising his first amendment rights,” said attorney Paul Broschay, of the firm Fieger, Fieger, Kenney, Johnson & Schwartz.
“He has been shunned by the department’s leadership ever since he testified in a case that resulted in a judgment against the city, and he’s spoken out about other problems in the department,” he added. “There’s been an effort (by police administrators) to undermine Lt. Smith’s command.”
Named in the lawsuit are City Manager Joyce Parker, Police Chief Greg Gaskin and Deputy Police Chief Dennis Watkins.
Unexpected removal
Smith was the detective lieutenant – a position that is typically third in command for the department – for five years. On June 18, Smith was informed that the detective lieutenant position was to be turned into a rotating position.
Another lieutenant, Jeff Smith (no relation), was told three weeks prior to Kevin Smith’s removal that he would be installed in the position, and was told to keep the fact a secret, according to union sources.
The position had never rotated before in the history of the department, said Lt. Tom Diaz, the president of the Inkster Command Officers Association.
“The question I immediately asked myself about all of this was if all of this was on the up and up, why in the world would (Gaskin) ask the current DB (detective bureau) lieutenant to keep this a secret?” Diaz said.
“Every other person who has occupied this position has been allowed to maintain it,” he added.
Diaz said city negotiators made no attempt to make the detective lieutenant position into a rotating position during union talks last year.
Gaskin, in a communication with officers, said the position was being rotated for training purposes.
Smith’s removal also came weeks after he questioned why the city apparently wanted to bypass working with a towing company called Cherry Hill Motorsports, which had been hired to tow vehicles for the detective bureau, but was later sidelined by council members. The owners of the two other towing companies seeking work with the city are alleged to have personal ties to some city council members.
Also, in February 2007, Smith was one of a handful of witnesses who testified in federal court in a racial discrimination suit filed by Diaz.
In that suit, Diaz alleged that preferential treatment was given black applicants in terms of hiring and promotions. A jury sided with Diaz and awarded him $253,000 plus attorney’s fees and interest on the claim.
The trial also ended the career of former Deputy Chief Gregory Hill, who was revealed to have lied under oath about having a college degree.
Broschay said a review of the Diaz case shows the city’s legal strategy was to blame Smith for the circumstances that led to that case.
In 2005, Smith survived a removal attempt, after he ordered an investigation on then council candidate Michael Canty for illegally teaching gun courses in the city.
Canty was eventually elected, and called for Smith to be removed.
Smith also was denied repeated requests for detective training and personnel that were granted after he was removed.
Diaz said the timing of the removal raised questions.
“Why did the idea for the detective lieutenant’s position to become a revolving one only come up after the situation with the towing contract came up?” he asked.
A long career
Smith has been an Inkster police officer since October 1995. After two years on patrol, then-Police Chief Terry Colwell assigned Smith to the multi-community Metro Street Enforcement Team.
As part of that unit, Smith led a comprehensive undercover sting that shut down the X-rated Melody Theater, and brought in a $1 million forfeiture, which was split with three other municipalities, according to the legal complaint.
Colwell – who promoted Smith twice – said Monday that he felt Smith went above and beyond the call of duty for the city.
“I thought he was a person that worked hard and had a high level of personal integrity,” he said. “I trusted him implicitly as part of the special unit. I thought he showed a lot of promise as a command officer.”
Former Chief Phil Ludos, who also promoted Smith twice before leaving the department in 2003, agreed.
“I promoted him because his level of experience in the special unit, and because we had some issues — like financial problems — that I felt he could resolve,” he said. “We needed to make some changes, and he was able to make the (detective bureau) more productive. We also needed to rebuild the department’s reputation, and I think (Smith) helped us achieve that.”
Smith created a homicide unit after his promotion to detective lieutenant that improved solve rates to nearly 90 percent – higher than the previous city record and the national average of 66 percent, according to the legal filings.
In 1998, Smith had the opportunity to represent the department on a statewide stage when he testified about he negative effect of adult-oriented businesses in Inkster at a hearing of the State House of Representatives.
City response
Parker — who will vacate her position as city manager shortly — said she could not specifically speak about pending litigation.
She did say that the union and city had a miscommunication about her order to hold off on the officer transfers, and denied wrongdoing in general.
Parker said she hoped to have a resolution to the union grievances and the litigation before she leaves her position, but that likely won’t occur.
Gaskin and Watkins did not immediately return calls seeking comment about the case earlier this week. Michael Crow, the city’s liability attorney, also did not return calls seeking comment.
Changes that occurred as a result of the personnel moves have resulted in resignations from two officers and more than one grievance the city must resolve with the unions or take to binding arbitration, sources close to the situation reported.
The lawsuit Smith filed will likely be amended to name additional city administrators and elected council persons, Broschay said.
Smith, when contacted about the lawsuit, declined to comment and referred all questions to Broschay, who said the city has made no effort to clean up management practices that brought it to the courtroom to 2007.
“He’s had a distinguished career by anyone’s measure,” added Broschay.
“Lt. Smith is a long-term employee of the police department who’s worked hard for many years fighting crime in the service of the city,” Broschay added.
