A magistrate judge for federal court is recommending that a joint lawsuit alleging discrimination by the city of College Park move forward and not be dismissed.
Current Deputy Police Chief Sharis McCrary and former City Manager Darnetta Tyus are suing the city for wrongful termination.
On Monday, Magistrate Judge Christopher C. Bly of U.S. District Court of Georgia’s Northern District recommended denial of the city’s motions to dismiss the legal action and separate the plaintiffs.
Bly filed the recommendation to U.S. District Judge Steven D. Grimberg allowing the case to move forward to the discovery process, said Artur Davis, attorney for McCrary and Tyus.
“I certainly view it as a big win for Darnetta Tyus and Sharis McCrary,” Davis said.
College Park declined to comment on the pending litigation.
The federal lawsuit is asserting discrimination under Title VII of the Civil Rights Act of 1964 and the Equal Protection Clause of the United States Constitution. The women are alleging they were discriminated against during the hiring process for a new police chief. McCrary was one of the candidates that Tyus, as city manager, was considering.
But Tyus was fired after only four months on the job and before Connie Rogers was named police chief. She is now city manager of Stone Mountain.
McCrary, a 23-year veteran of the police department, became deputy police chief in 2018. She was not seriously considered for the top position of chief when the role came open in 2021, or immediately named interim chief, the lawsuit states.
According to the legal action, McCrary alleges she was told she would only be considered if she agreed to be a figurehead in the position. In a deal arranged by city council members, a specific police colonel, who is White, would be appointed McCrary’s deputy and he would most make major decisions, according to the lawsuit.
“I find that she sufficiently alleges discriminatory animus as to multiple City Council members and to the Council as a whole,” Bly states in his recommendation.
”... The court finds that McCrary plausibly alleges that the Council acted with a discriminatory motive so as to support a discrimination claim,” the judge added.
The women are seeking a jury trial and monetary damages.
“We think this is a big step toward them getting their day in court,” Davis said, “Or eventually getting the city of College Park to realize they need to show some accountability and resolve this case.”
In January, College Park City Council prematurely fired then-City Manager Stanley Hawthorne “for cause.” The officials rescinded the firing a week later acknowledging they were aware he had planned to resign. The city negotiated a resignation agreement with Hawthorne that includes six months of pay in the amount of $109,774, as well as a severance payment totaling $30,000.
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