Former OPSO Employee's Trial Set

Golden K. Berry once had a promising career in law enforcement. He also had a brief career in politics. But that all changed when he made a decision to want to be treated just as equally as his White counterparts in law enforcement. According to court records from a lawsuit filed by Berry, he was hired by the Ouachita Parish Sheriff’s Office in 2000 as a correctional officer. Berry attained the rank of Corporal in 2003 and maintained his position for thirteen years. Berry’s position as a Corporal required that he alternate working between day and night shifts. Berry wanted to work consistent day shifts, so he approached Deputy Scott Smith about the possibility of transferring to a role in the Transitional Work Release Center. Berry contends in his lawsuit, now pending against OPSO, that Smith told him that the new position came with a decrease in rank but not in pay. Smith would later deny that claim. Berry’s pay did, in fact, decrease, but he contends that similar White employees at OPSO transfer while maintaining both their rank and pay. In November 2017, Berry filed a charge of racial discrimination with EEOC. He also filed a corrections statement in March 2018. When OPSO learned of Berry’s EEOC complaint, he was asked why did he file the complaint. Berry qualified to run for a city council seat in a neighboring parish in January or February. He won the seat and was scheduled to be sworn in as councilman on June 29. According to court records, Captain Brian Boney, now head of the Transitional Work Release Program, saw the election results on television and notified Colonel James Purvis, who had the authority to fire Berry. Boney and Purvis called Berry in and terminated him because he could not hold office as a deputy sheriff. OPSO did not give Berry the opportunity to work until he was sworn in or the option to decline his elected position and continue to work at OPSO. In July 2018, the EEOC gave Berry the right to sue letter for his racial discrimination charge, and in September 2018, the right to sue letter for his retaliation charge, both under Title VII of the Civil Rights Act of 1964. Berry’s trial in U. S. District Court for the Western District of Louisiana was dismissed “with prejudice”, with Berry filing an appeal in October 2020 to the 5th Circuit Court of Appeals. In January 2023, the 5th Circuit issued a ruling, citing that a lower court in Monroe “overstepped” when denying Berry’s wrongful termination and retaliation claim against the Ouachita Parish Sheriff’s Office. Berry appealed the decision, and the 5th Circuit Court of Appeals overturned the lower court ruling in favor of Berry. He now has the opportunity to prove his case in court before a jury trial. In its ruling, the 5th Circuit agreed with Berry citing several inconsistencies by OPSO. The Court gave three reasons supporting Berry’s claims in his right-to-sue letters, (1) the timing in which Berry was fired versus when he filed his initial complaint with EEOC, (2) Shifting/changing reasons for termination( violation of state law to department policy) and (3) The department used its policies against Berry who is Black, and not against similarly situated White employees. The Court found that the three reasons could show “a pretext” for retaliation under Title II of the 1964 Civil Rights Act and can be viewed as discriminatory action as well. The Court also agreed with Berry that he did not violate Louisiana’s law of dual-office holding when he was elected to the position of a city councilman. That is when OPSO changed their termination reason to that of departmental policy. OPSO contends that, via formal letter, White employees asked for permission to run for public office when Berry did not. When asked for any supporting documentation to substantiate that the employees had prior approval, OPSO could provide no such documents, which the Court said have been available. When documents were not provided, OPSO again changed its reason and stated that documentation was unnecessary because the leave was granted verbally. The court also said that Sheriff Jay Russell didn’t provide proof that he granted permission to these employees. The court contends that several officials at OPSO allegedly made false statements to justify their reasons to terminate Berry, which was a “clear sign” of pretext. Berry’s termination, the Court agreed, had more to do with the complaint that Berry filed with EEOC against OPSO rather than the alleged false statements as reasons that have been stated and documented by those individuals. In conclusion, the Court said that it appears that “all employees” at some point in time ran for political office under the same identical policy, but Mr. Berry, the lone Black employee, was fired. Berry has a court date scheduled for July 17 at the federal courthouse on Jackson Street in Monroe. He is hopeful that justice will prevail and that he will be made whole for all he has gone through.