Brookline Racism Case: Federal Court Rules In Favor of Town

BROOKLINE, MA —After years of back and forth, a federal court has ruled that there was not enough evidence to prove that the town as well as current and former Select Board members, current and former town staff and the International Association of Firefighters Local 950 had taken part in a pattern of racism and retaliation against a firefighter.

In 2015 Firefighter Gerald Alston brought a federal suit against the town alleging a systemic pattern of racism and retaliation.

The town supported its case with more than 200 exhibits; Alston's opposition entered two dozen exhibits, according to the court's nine-page opinion.

"There is no direct evidence of racial discrimination here," the opinion reads.

"Nor has Alston pointed to admissible evidence that would support a factfinder's conclusion that the Town was punishing him in retaliation for his expressions of criticism. To the contrary, the record reflects that he repeatedly declined to attend meetings he was invited to or present evidence of his own about his ability to return to work on the conditions recommended by the psychiatrists. Even in the middle of his termination hearing, the Town offered to consider his return to work if he was willing to abide by the recommended conditions, but he declined."

However, Alston's attorney Brooks Ames said this was not the end of the fight.

"We can and will appeal," he told Patch.

Town officials declined to comment for this story.

Catch up:

In 2010 then-firefighter Alston came forward to report that a racial slur was left on his voicemail by a white supervisor. He had the voicemail to prove it and that claim was not disputed, although the supervisor and an internal investigation concluded the slur was directed at someone else, not Alston. What was disputed, was the handling of the incident and the later promotion of the supervisor, who was also recognized by the White House for his work as a firefighter.

Alston was placed on paid leave pending an investigation in 2013 after he made angry comments at work. That year he brought a lawsuit against Brookline in the Massachusetts Superior Court alleging racial discrimination and retaliation.That case was dismissed with prejudice in 2014, as a sanction for Alston's failure to comply with discovery obligations, according to court documents.

Also in 2014 the department-retained psychiatrist who had interviewed him as part of the investigation and made five recommendations that the then-chief asked he comply with before he come back to work, including having him get psychiatric treatment, allow Brookline's occupational health nurse to monitor treatment progress, completing an anger management course, passing a fitness for duty evaluation and submitting to drug tests. When Alston's attorney requested an outside psychiatrist interview Alston in 2015, a psychiatrist practicing at the Massachusetts General Hospital interviewed him and submitted similar recommendations, according to court documents. During that year Alston brought a federal suit against the town alleging a systemic pattern of racism and retaliation.

Alston was put on paid leave for a year in an effort to encourage him to comply with the recommendations and come back to work, court records show. The town proposed two different return-to-work dates, but when he did not comply by 2016, they moved to fire him, saying he refused to return to duty or work with officials.

Alston also filed a complaint with the Civil Service Commission, and after the commission ruling in 2019, the town began paying Alston, including back pay. But he has yet to rejoin the force.

Last year, after multiple appeals, the Civil Service Commission ruled the town failed to prevent retaliatory behavior against Alston and enabled the lieutenant to use his position to lobby other members of the force against him. The commission said it was the town's own actions and inaction that made it impossible for Alston to return to work, which formed the basis of the town's decision to fire him.

In May last year, Town Meeting Members voted to issue an apology to Alston.

See the full court summary decision:

And the opinion in reference to the firefighters union:

Previously:

• Town To Decide Whether To Appeal Decision On Firefighter
• Fired Brookline Firefighter Will Get Job Back: Judge - Patch
• Brookline Appeals Superior Court Ruling On Firefighter Alston ...

Patch reporter Jenna Fisher can be reached at Jenna.Fisher@patch.com or by calling 617-942-0474. Follow her on Twitter and Instagram (@ReporterJenna).