A Cobb County Police officer settled a discrimination complaint against the department last month for $150,000 and a promotion to captain, according to the settlement agreement obtained by The Atlanta Journal-Constitution under Georgia’s Open Records Act.
Craig Owens, who is African American, was a lieutenant in 2013 when he filed a federal lawsuit accusing the department of discriminating against him because of his race and because he was on active military duty during at least one of the promotion cycles. Owens lawsuit was filed with another lieutenant, James Brown, who is no longer with the department and whose claim center solely on racial discrimination. Brown also is African American.
As the AJC reported last month, a federal magistrate judge threw out the racial aspect of the complaint, but said Owens' claim of discrimination over his military service could go to trial. Owens, who served with the U.S. Army Reserves in Afghanistan, contends in the suit that former police chief C.B. Hatfield told him in 2008 that he could not be promoted while away on military duty.
“In February 2008, Chief Hatfield and the relevant decision-maker, Public Safety Director (Mickey) Lloyd, both informed Lt. Owens that his military leave status barred him from a promotion to captain,” the judge wrote in his decision to allow Owens’ lawsuit to go forward. Owens “was denied a promotion about four months later, while on military leave.
“These comments are significant pieces of circumstantial evidence. The four-month gap between them and the adverse action does little to dampen the strong inference of discriminatory intent.”
Owens’ attorney could not be reached, but the settlement agreement dictates that neither side comment publicly.
“The parties agree that in response to any future inquiry regarding the Owens lawsuit …they will limit their response to the following: `The matter has been resolved in a mutually agreeable manner. No further comment,’” the settlement agreement says.
County officials previously emailed the newspaper an explanation of Cobb’s decision to settle the case.
“Because a number of witnesses regarding those 2008 events no longer work for the county, considering the length of time that had passed since the alleged incidents, and considering the costs and risks of continuing to litigate the matter, the county negotiated a cost-effective resolution of the remaining military status claims, proving finality to the matter,” the statement said.
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