Golden Berry's Ouachita Parish Sheriff's Lawsuit

In April 2020 a lower court in Monroe, LA overstepped when denying Berry's wrongful termination and retaliation claim against the Ouachita Parish Sheriff's Office. Berry appealed this decision, and the 5th Circuit Court of Appeals overturned the ruling of the lower court in favor of Berry. This now gives Berry the opportunity to prove his case in court with a jury trial. The Fifth Circuit Court Of Appeals cited several inconsistencies to arrive at their decision. (1) Timing in which Berry was fired versus when he filed his initial complaint with EEOC. (2) Shifting/changing reasons for termination. (3) The department used its policy against Berry, who is Black, and not against several similarly situated White employees. These reasons could show a pretext for retaliation under Title Vl1 of the 1964 Civil Rights Act and can also be viewed as discriminatory actions as well. Berry was fired less than a week after being elected city councilman in Winnsboro, LA, and was given a termination reason for the violation of a LA law as it relates to dual office holding. When Berry proved that he was not in violation, the department changed their reason to violation of department policy. The Ouachita Parish Sheriff's Office contends that the White employees, via formal letter, asked for permission to run for political offices when Berry did not. When asked for any supporting documentation to substantiate that the employees had prior approval, the department could not provide such documents, which should have been available. When documents were not provided, the sheriff’s department once again changed its reason and stated that documentation was not needed because the leave was granted verbally. Sheriff Russell also didn't provide proof that he granted permission to these employees. It appears that Sheriff Russell, Chief Dy. M. Mashaw, and Col. J. Purvis made alleged false statements to justify their decision to terminate Mr. Berry, which is a clear sign of pretext. It appears that Mr. Berry's termination has more to do with the complaint he filed against the department rather than the alleged false statements as reasons that have been stated and documented by these individuals. It appears that all employees at some point in time ran for political offices under the same identical policy, but Mr. Berry, the lone Black employee, was fired.