A black Oregon man told his boss about discrimination at work. Then he was arrested.

[satrebil]

So I think he's a moron. What more do you want?

Nothing. This is a non matter to me.
It sounds like this guy is going to get a lot of money from a stupid employer and the West Linn Police department.
West Linn, by the way, is a very affluent area. This does not reflect well on them.

Seems to me like the employer wouldn't have had much choice. If they just simply fired him they'd probably get slapped with a discrimination lawsuit anyways.

 

[anynameyouwish]

What occurred in this case is standard operating procedure when dealing with black people attempting to protect their workers rights, or any of their rights. I am pleased to see that the actions of the offenders in this case were so well documented

Michael Fesser said West Linn officers unlawfully surveilled him and then falsely arrested him after he complained to his boss about racial discrimination.

Feb. 11, 2020, 1:03 PM PST / Updated Feb. 12, 2020, 5:24 AM PST
By Minyvonne Burke

A black man from Oregon sued the city of West Linn alleging that police officers unlawfully surveilled him at work and then falsely arrested him in retaliation for having raised complaints with his employer about racial discrimination.

Michael Fesser of Portland claimed in the suit, an amended version of which was filed last month in U.S. District Court in Portland, that the incident left him suffering from emotional distress and resulted in economic damages. He sued the city and several members of the West Linn Police Department for false arrest, malicious prosecution, defamation and invasion of privacy.

Michael Fesser.Paul Buchanan
West Linn police began investigating Fesser in February 2017 after Fesser raised concerns to his boss, Eric Benson, owner of A&B Towing, that he was being racially discriminated against at work.

According to separate court documents, Fesser said the discrimination included coworkers' calling him racial slurs. After he raised his concerns, Benson contacted West Linn Police Chief Terry Timeus, his friend, and persuaded to look into allegations that Fesser had stolen from the company, according to the lawsuit.

The suit said the theft allegations were false and unsubstantiated.

But with the approval of West Linn police Lt. Mike Stradley, Detectives Tony Reeves and Mike Boyd used audio and video equipment to watch Fesser while he was at work, according to the suit. The surveillance was "conducted without a warrant or probable cause" and did not result in any evidence that Fesser was stealing from his employer, the lawsuit stated.

Regardless, West Linn officers, with the help of Portland police officers, arrested Fesser days later based on Reeves' and Stradley's "false representations" to Portland police that they had probable cause for an arrest.

"Sgt. Reeves and Sgt. Boyd unlawfully arrested, detained and interrogated Mr. Fesser in Portland, outside their jurisdiction, without probable cause," the suit said, adding that the two officers took Fesser's personal belongings, including papers expressing his concerns about racial discrimination at work.

Fesser spent about eight hours at the police station before he was released on his own recognizance. He was later contacted by West Linn police to come to the station to retrieve some of his belongings. While he was there, officers informed Fesser that he had been fired from his job, according to the lawsuit.

"The West Linn Defendants' surveillance, arrest, incarceration and interrogation of Mr. Fesser without a warrant or probable cause and their pursuit of baseless criminal charges against Mr. Fesser were racially motivated, retaliatory, extra-jurisdictional and an egregious abuse of the power with which the police are entrusted," the suit said.

According to the lawsuit, criminal charges in the arrest weren't filed until after Fesser sued his employer over his termination and for discrimination. The charges were later dismissed.

During the litigation in the lawsuit against his employer, Fesser learned that the West Linn police investigation into the alleged theft began as a favor to his former boss, according to the suit. Text messages revealed during the legal proceedings showed that Reeves and Benson discussed the investigation.

In one message, Reeves said Fesser should be arrested before he went further with his racial discrimination complaint against his job so it would not look like retaliation.

The City of West Linn has since settled the lawsuit and agreed to pay Fesser $600,000. The lawsuit against his employer was settled in March 2018 for $415,000.

Paul Buchanan, Fesser's attorney, said his client is pleased that both cases have been resolved.

"He is doing fine," Buchanan said. "This was not about money for him. This was about that they should not be allowed to do this."

According to Buchanan, the settlement against the police department could be the largest in the state for a wrongful arrest.

A&B Towing and the Portland Police Department did not immediately return requests for comments.

The West Linn Police Department said the settlement "is not an admission of liability."

"The City of West Linn and the West Linn Police Department do not tolerate any acts of discrimination or disparate treatment by its employees," the department said in a press release. "In 2018, when the allegations were first reported, an internal investigation was conducted and swift and appropriate disciplinary personnel action was taken."

Minyvonne Burke

Minyvonne Burke is a breaking news reporter for NBC News.
A black Oregon man told his boss about discrimination at work. Then he was arrested.​

so conservative racist republican christian police are costing the tax payers thousands of dollars because of their ILLEGAL and RACIST behavior.


I'm sure these cops will call rush limbaugh and claim that they are NOT racists, it is the BLACKS who are the racists.....

 

[Ame®icano]

Leftist tolerance at work...

“Frankly there is just too many white people in here, and this is a space for people of color.”

YAF Twitter

 

[Eric Arthur Blair]

Can you just imagine telling a CRC to just quit if they had a boss that discriminated against them because they heard they had guns and liked to shoot? Hey....just quit.

You finally made one post of merit. Law of averages, I guess.

 

[Eric Arthur Blair]

Seems to me like the employer wouldn't have had much choice. If they just simply fired him they'd probably get slapped with a discrimination lawsuit anyways.

Perhaps. I haven't delved that deeply into the issue.

 

[RetiredGySgt]

Want to bet?

Yep.

I said nothing about getting arrested. You will get fired and your employer will get hit with a large lawsuit.

You said illegal. Legality applies to law and government, with the inference that I could be arrested for breaking said law. The inner workings of the private establishment are wholly different. You bet your ass the employer could fire me, but I'd still have every legal right to say what was said.

As for the employer getting sued, that just depends on the jury and you know it.

You inferred arrest. Not my problem.

No buddy, YOU did when you said ILLEGAL. I'm willing to concede you meant "typically prohibited within a work setting by an employer", but at least admit you fucked up your wording.

Running a stop sign is illegal but you aren't going to get arrested.

You can be. It's still a crime. But since it's a petty one, it's called an "infraction" and so long as you're not a total cockass to the cop he'll just write you a ticket.

I cannot be fined or arrested for saying mean things in a private setting. It's not a crime. Period.

At work it is not a private setting and you can and will be held accountable for any racist sexist or otherwise illegal uttering you make.

 

[Dragonlady]

So I think he's a moron. What more do you want?

Nothing. This is a non matter to me.
It sounds like this guy is going to get a lot of money from a stupid employer and the West Linn Police department.
West Linn, by the way, is a very affluent area. This does not reflect well on them.

Seems to me like the employer wouldn't have had much choice. If they just simply fired him they'd probably get slapped with a discrimination lawsuit anyways.

There is a third option here. How about they looked at his documentation, and deal with the issue and make their workplace better. That way, nobody gets sued.

Even if he had sued for racial discrimination, they would not have had to pay him $600,000. They only paid that amount because of their illegal harrassment of the guy.

 

[NewsVine_Mariyam]

The crux of the law suit seems to center around the company's right to conduct surveillance on their own property. That makes you think that the defendant may have played the race card after he was accused of theft.

I have not read the court fillings but I would imagine that the causes of action were for racial discrimination and retaliation for having engaged in the "protected activity" of lodging a complaint of racial discrimination. The retaliation consisted of an unfounded investigation based on a known false allegation (that he was stealing from the company). Placing someone under surveillance or investigation is always a violation of their privacy. Whether or not it is a lawful violation of privacy depends in large part upon whether or not there was a valid legal reason for having done so. Whether or not an employer has the right to video/audio record their employees while working depends of each state and also I believe on whether or not the employees were notified prior to their first day of work of the recording.

Everything about this case was based on a false premise and retribution, all of which at the core, are violations of the Civil Rights Acts of 1964. The acts of the unlawful surveillance and investigations may be a violation of criminal law but it's difficult to convict the police even when they are obviously in the wrong. They settled the civil case which probably included an agreement that all future claims are waived and cannot be pursued.

 

[Dragonlady]

The crux of the law suit seems to center around the company's right to conduct surveillance on their own property. That makes you think that the defendant may have played the race card after he was accused of theft.

Actually, you have it backwards. After he complained of discrimination, his employer accused him of theft, and asked police to investigate. That was their excuse for the surveillance - months of it. Except that their surveillance proved that he wasn't stealing from them. So then they took him in and said he was going to be charged with theft, and they questioned him without a lawyer for hours, before releasing him.

This harassment and abuse went on for months. His employer did file theft charges against him, but then dismissed the charges when the Defendant refused to back down.

 

[bodecea]

Leftist tolerance at work...

“Frankly there is just too many white people in here, and this is a space for people of color.”

View attachment 306359

YAF Twitter

#3. Excuse-making/ Whataboutism

 

[anynameyouwish]

So I think he's a moron. What more do you want?

Nothing. This is a non matter to me.
It sounds like this guy is going to get a lot of money from a stupid employer and the West Linn Police department.
West Linn, by the way, is a very affluent area. This does not reflect well on them.

Seems to me like the employer wouldn't have had much choice. If they just simply fired him they'd probably get slapped with a discrimination lawsuit anyways.

interesting how the mind of a conservative works....

a black guy gets fucked by his boss AND the police and IMMEDIATELY you defend the racist boss and attack the black.


you cons are fkn shit

 

[NewsVine_Mariyam]

Story makes no sense, not buying it. If you're being harassed at work, why the fuck would you keep working there?

Good benefits, good pay, good commute, love the work, love your team members, stuff like that. Why would anyone in their right mind give up all those good things because individuals in their work place are violating the law. If anyone should go, it should be the violators.

 

[anynameyouwish]

Story makes no sense, not buying it. If you're being harassed at work, why the fuck would you keep working there?

for justice?


because WRONG should be stopped?

because you are an American and you DESERVE respect and to be treated fairly?

well...you aren't......

but HE was.......

 

[NewsVine_Mariyam]

What occurred in this case is standard operating procedure when dealing with black people attempting to protect their workers rights, or any of their rights. I am pleased to see that the actions of the offenders in this case were so well documented

Michael Fesser said West Linn officers unlawfully surveilled him and then falsely arrested him after he complained to his boss about racial discrimination.

Feb. 11, 2020, 1:03 PM PST / Updated Feb. 12, 2020, 5:24 AM PST
By Minyvonne Burke

A black man from Oregon sued the city of West Linn alleging that police officers unlawfully surveilled him at work and then falsely arrested him in retaliation for having raised complaints with his employer about racial discrimination.

Michael Fesser of Portland claimed in the suit, an amended version of which was filed last month in U.S. District Court in Portland, that the incident left him suffering from emotional distress and resulted in economic damages. He sued the city and several members of the West Linn Police Department for false arrest, malicious prosecution, defamation and invasion of privacy.

Michael Fesser.Paul Buchanan
West Linn police began investigating Fesser in February 2017 after Fesser raised concerns to his boss, Eric Benson, owner of A&B Towing, that he was being racially discriminated against at work.

According to separate court documents, Fesser said the discrimination included coworkers' calling him racial slurs. After he raised his concerns, Benson contacted West Linn Police Chief Terry Timeus, his friend, and persuaded to look into allegations that Fesser had stolen from the company, according to the lawsuit.

The suit said the theft allegations were false and unsubstantiated.

But with the approval of West Linn police Lt. Mike Stradley, Detectives Tony Reeves and Mike Boyd used audio and video equipment to watch Fesser while he was at work, according to the suit. The surveillance was "conducted without a warrant or probable cause" and did not result in any evidence that Fesser was stealing from his employer, the lawsuit stated.

Regardless, West Linn officers, with the help of Portland police officers, arrested Fesser days later based on Reeves' and Stradley's "false representations" to Portland police that they had probable cause for an arrest.

"Sgt. Reeves and Sgt. Boyd unlawfully arrested, detained and interrogated Mr. Fesser in Portland, outside their jurisdiction, without probable cause," the suit said, adding that the two officers took Fesser's personal belongings, including papers expressing his concerns about racial discrimination at work.

Fesser spent about eight hours at the police station before he was released on his own recognizance. He was later contacted by West Linn police to come to the station to retrieve some of his belongings. While he was there, officers informed Fesser that he had been fired from his job, according to the lawsuit.

"The West Linn Defendants' surveillance, arrest, incarceration and interrogation of Mr. Fesser without a warrant or probable cause and their pursuit of baseless criminal charges against Mr. Fesser were racially motivated, retaliatory, extra-jurisdictional and an egregious abuse of the power with which the police are entrusted," the suit said.

According to the lawsuit, criminal charges in the arrest weren't filed until after Fesser sued his employer over his termination and for discrimination. The charges were later dismissed.

During the litigation in the lawsuit against his employer, Fesser learned that the West Linn police investigation into the alleged theft began as a favor to his former boss, according to the suit. Text messages revealed during the legal proceedings showed that Reeves and Benson discussed the investigation.

In one message, Reeves said Fesser should be arrested before he went further with his racial discrimination complaint against his job so it would not look like retaliation.

The City of West Linn has since settled the lawsuit and agreed to pay Fesser $600,000. The lawsuit against his employer was settled in March 2018 for $415,000.

Paul Buchanan, Fesser's attorney, said his client is pleased that both cases have been resolved.

"He is doing fine," Buchanan said. "This was not about money for him. This was about that they should not be allowed to do this."

According to Buchanan, the settlement against the police department could be the largest in the state for a wrongful arrest.

A&B Towing and the Portland Police Department did not immediately return requests for comments.

The West Linn Police Department said the settlement "is not an admission of liability."

"The City of West Linn and the West Linn Police Department do not tolerate any acts of discrimination or disparate treatment by its employees," the department said in a press release. "In 2018, when the allegations were first reported, an internal investigation was conducted and swift and appropriate disciplinary personnel action was taken."

Minyvonne Burke

Minyvonne Burke is a breaking news reporter for NBC News.
A black Oregon man told his boss about discrimination at work. Then he was arrested.​

White people have this happen to them too. What is your point? Oh, yes, racist.

There are several points, one of which is that there are many individuals on this message board who keep insisting that there is no racism in America anymore because the laws were changed back in the early '60s. And that subsequently since those laws were changed, every racist in Amerca decided to abide by the law and change their ways, in spite of all of the court cases brought and won that show that the exact same racist behavior and retaliation against individuals attempting to protect their rights that was carried out with impunity starting when black people were first brought to the shores of our country is still regularly engaged in today.

As far as this happening to white people as well, it doesn't happen in quite the same way but I'd be interested in hearing about their cases and how they proved the unlawful harassment and/or discrimination nonetheless.

 

[NewsVine_Mariyam]

Story makes no sense, not buying it. If you're being harassed at work, why the fuck would you keep working there?

Because it's illegal? Because there aren't better jobs available? Seriously, the answer according to you is to quit?

That's sad.

What's illegal? People saying mean things? Pretty sure the 1st Amendment applies, especially in a private business.

Yes, the answer is to quit. Nobody is forcing you to be there.

Yes, in a work scenario that is illegal.

The hell you say. Aside from a direct threat, I can say whatever I goddamn well please to a co-worker. I dare you to arrest me for it - slam dunk first amendment case and I'll retire to a nice tropical island.

The first amendment prohibits the government from intefering with a person's free speech rights not another individual with essentially the same standing as they have.

Also, there are prohibitions against what a manager/supervisor can say to an subordinate worker. This is because the subordinate can feel coerced into complying with any requests in order to protect or keep their job.

So no, you can't say any damn thing you please to one of your co-workers depending on the circumstances. And just because something is not a violation of a criminal code for which you can be arrested does not mean that it is not actionable (something for which you can be sued) or a violation of a civil statute such as not discriminating against a worker in any terms of their employement (hire, promotion, termination, etc.) due to their race, gender, nationality, color, religion, etc.

 

[satrebil]

At work it is not a private setting

Yes it is.

 

[satrebil]

So I think he's a moron. What more do you want?

Nothing. This is a non matter to me.
It sounds like this guy is going to get a lot of money from a stupid employer and the West Linn Police department.
West Linn, by the way, is a very affluent area. This does not reflect well on them.

Seems to me like the employer wouldn't have had much choice. If they just simply fired him they'd probably get slapped with a discrimination lawsuit anyways.

interesting how the mind of a conservative works....

a black guy gets fucked by his boss AND the police and IMMEDIATELY you defend the racist boss and attack the black.


you cons are fkn shit

Quote where I defended the boss/employer.

 

[satrebil]

So no, you can't say any damn thing you please to one of your co-workers depending on the circumstances.

Yes I absolutely can. 1st Amendment, princess.

 

[JimBowie1958]

Story makes no sense, not buying it. If you're being harassed at work, why the fuck would you keep working there?

The ghetto lottery obviously.

Maybe there are not a lot of jobs available for him?

Why should someone give u p their job due to racist ass hats being jerks?

 

[JimBowie1958]

So no, you can't say any damn thing you please to one of your co-workers depending on the circumstances.

Yes I absolutely can. 1st Amendment, princess.

That protects you from government prosecution, not civilians firing you.