Fired cop plans to sue city in federal court

Former Maricopa police officer Martice Berry said he is done talking with the city of Maricopa and is preparing to file a claim in federal court.

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“I attempted to settle this matter last week with the city,” said Berry. “My demand was to be reinstated as a police officer with back pay from Aug. 11, 2009. The city rejected my request, stating it was not feasible at this time. I don’t think the city will comply with anything until they are forced to do so by a federal judge.”

The claim from Berry comes as a result of The Civil Rights Division of the Arizona Attorney General’s Office determining that reasonable cause existed to conclude Berry’s termination was racially driven.

The Oct. 20 ruling advised Berry to contact the assistant attorney general assigned to the case to pursue a resolution to the matter.

Berry now plans to file a claim in federal court. He said he had the opportunity to file the claim in state court, but choose to go to the federal level because it presents more remedies.

“All the state can do is get me my job back and back pay,” Berry said. “That is not going to cut it now.”

Maricopa City Attorney Dennis Fitzgibbons could not be reached prior to press time.

However, when originally asked about the state ruling in Berry’s favor, Fitzgibbons said he was “surprised and felt the city did everything appropriately in Berry’s termination.”

Berry was fired Aug. 11, 2009 for conduct unbecoming of an officer for allegedly harassing women both on and off duty, sending pictures of male genitalia to various women and kissing and groping a 16-year-old girl.

However, during a city merit board hearing that upheld the termination, Berry claimed he was not guilty of the accusations, and said he was actually terminated in retaliation for filing a Feb. 10, 2009 complaint with the Civil Rights Division of the Attorney General’s Office alleging employment discrimination. The complaint claimed that Berry was subjected to a hostile work environment and unfair discipline because of his race.

Berry filed a second complaint with the division on Nov. 10, 2009, alleging discrimination because of his race and retaliation for the initial filling. The civil rights division found reasonable cause for this second filling.

“I just cannot sit back and let the city get away with what they have done to me,” Berry said. “It is time for the MPD management and city hall to be held accountable for what they have done to me and others in my position. I am not going to run away and hide under a rock. I will fight this to the end, even if it takes years.”