Gay Former Cop Suing NYPD

A retired Rossville police officer who says he was told by a former NYPD supervisor that he received an evaluation of less than competent because he is gay is suing the city for discrimination.
In his suit, filed April 17 in Manhattan supreme court, Jay Epstein, 46, accuses the Police Department of consistently denying his requests for overtime, forcing him to work menial jobs usually given to rookies and assigning him to a unit headed by an outcast sergeant who had a discrimination suit of her own pending against the department.
That woman, identified in court papers only as Sgt. Butler, was forced by her NYPD superiors to give Epstein a poor review in 2004 which she felt he did not deserve, the suit alleges.
The main thing about the case is that a supervisor was told that she should come down on him because he was gay, said Steven Morelli, Epstein's attorney.
That's the thing he was really upset about.
Epstein doesn't want to discuss the suit, Morelli said.
Epstein began his career with the NYPD in 1985 and spent most of his years in Brooklyn. He retired from the 68th Precinct last year.
One cop on NYPD Rant -- an Internet message board geared toward the city's police officers -- described Epstein as a very nice, good-natured person who never discussed or displayed his sexual orientation at work.
Epstein was not a member of the Gay Officers Action League.
The suit cites Epstein's job-performance ratings in which he was evaluated by supervisors as competent or better ... often stating he was courteous and follows rules and procedures.
Epstein also received numerous commendations, awards, and letters praising his job performance, court papers noted.
But in January 2004, Sgt. Butler gave Epstein an evaluation of less than competent for the period between December 2002 and December 2003.
Morelli said the sergeant told Epstein that the review had been dictated to her by squad leader Lt. Francis Cole.
When Sgt. Butler voiced her objections, she was told that she would no longer be allowed to evaluate Epstein, court papers stated.
The lawsuit names Lt. Cole and two others, identified only as Administrative Lt. Jimenez and Sgt. Rinaldo, the City of New York and the NYPD as defendants.
Neither the city nor the Police Department would comment on the suit.
According to Morelli, Epstein waited a year after his retirement to file the discrimination suit because the ex-cop wanted all of his pension rights to kick in before he started doing anything.
With the lawsuit filed, the city has a chance to answer the charges, after which a state Supreme Court judge will call in both parties for discovery motions.
When pretrial motions are done, a trial date will be set. Epstein wants a trial by jury.
from Staten Island Advance