A jury in Federal court has found the Texas Department of Public Safety guilty of discrimination against two black DPS troopers. In what sounds like a wide ranging lawsuit, the two officers alleged years of discrimination and being passed over for promotion. The jury awarded the two troopers $1.7 million in damages.

Like most discrimination lawsuits, the employer apparently tried to point to performance problems. The Assistant Attorney General who defended the case argued that Special Agent Jari McPherson had lied to supervisors and former Cpl. Jerold Sams had “leadership and communication” problems. But, as with all such cases, the issue is whether other troopers had similar problems and were promoted.

Internal Complaint

McPherson filed his first internal complaint in 2019 at the Temple location where he worked. He requested a transfer to Austin for a new start. But, his supervisor in Austin spoke badly about him before he even arrived at the new Austin location. The new supervisor specifically mentioned the 2019 complaint. Mr. McPherson was then passed over for promotion in favor of a white officer with less experience. He was then placed in a “minority only” unit where they were given poor assignments.

Special Agent McPherson is still employed with DPS. That must have made this lawsuit exceedingly difficult. Aware of the suit, most co-workers will avoid and decline to talk to the plaintiff. Mr. McPherson shed a few tears when the jury verdict came back with its verdict.

Cpl. Sams served in the horse unit. Sams had grown up with horses. A white lieutenant accused him of trying to turn the DPS horse unit into a “Buffalo Soldiers Unit.” A commander urged him to consider how it looked with “all these African Americans on the mounted unit.”

One former captain testified that DPS was like a large dysfunctional family, apparently in support of the two officers.

Jury Verdict

The jury awarded Cpl. Sams $875,000 for emotional suffering type damages and Agent McPherson $800,000 for economic and emotional damages. See San Antonio Express News report here. Cpl. Sams retired after 26 years as a Trooper. It’s safe to conclude that if he was there 26 years, he was doing something right. Federal juries are challenging, so this is a significant verdict.