Lansing Firefighter Sues City Again

A Lansing firefighter who was terminated for posting the police chief’s personal cellphone number on Facebook in 2021, has filed suit claiming race discrimination, violation of his free speech rights, violation of equal protection, and violation of Michigan’s anti-discrimination law. Michael Lynn filed suit yesterday in US District Court for the Western District of Michigan.

Lynn has sued the city at least twice before. He was awarded $1 million by a jury last year in a race discrimination suit precipitated in part by a banana left on the windshield of his assigned apparatus. That suit was filed in 2019 and did not involve his 2021 termination. The allegations in the current suit are as follows:

• In August, 2019 Plaintiff attended a Town Hall Meeting at City Hall in which then City of Lansing Interim Police Chief, Darryl Green appeared.
• Plaintiff attended the rally as a private citizen and his presence at the function was in no way related to his employment with the City of Lansing, but as a private citizen.
• Following the rally, Plaintiff and a number of other members of the public, who were not employed by the Fire Department or City of Lansing spoke with Chief.
• Prior to speaking with Chief Green, Plaintiff had never met him before and at no time during the discussion did Plaintiff ever identify himself as a firefighter or employee of the City of Lansing.
• Following the discussion Chief Green gave his private cell phone number to Plaintiff and the other members of the public with instructions to “give me a call to talk about your non-profit, The Village Lansing.”
• In 2020 Plaintiff and his wife began a Pod Cast on Facebook to discuss various issues in and around the City of Lansing.
• Plaintiff maintained a Facebook page that contained many posting discussing various political issues in and around the City of Lansing.
• Plaintiff conducted his podcast and maintained his Facebook page during his personal time and it never interfered with or impacted his employment with the City of Lansing Fire Department or the business of the Fire Department.
• In 2020 following the murder of George Floyd in Minneapolis, Minnesota, Defendant Schor and Police Chief Green were made aware of how hurtful it was to the African-American community to post the picture of a police dog named Sabre who was killed in the line of duty in 1998 on its social media.
• The incident was troubling and offensive to the African-American community because an unarmed young African-American, Aldric McKinstry was also killed during the incident and no mention of him was made other than referring to him as a “suspect” despite no evidence that he committed any crime.
• Plaintiff exercised his 1st Amendment right to free speech and communicated the hurtful nature of the City’s post on his podcast and social media pages.
• After being made aware of the hurtful and offensive nature of the post, Mayor Schor and Chief Green issued a statement apologizing to the African- American community for the post and removed the post.
• Defendants removed the hurtful post in part, due to Plaintiff using his free speech to speak on a matter of public concern and making the City aware of the offensive nature of the post.
• In January 2021 the City again posted a picture of Sabre, without honoring Aldric McKinstry.
• The City posted the picture less than six months after removing it after learning the hurtful nature of the photograph/
• As a result of the City posting the picture of Sabre, the African- American community was again outraged and hurt because the City knew and understood the hurtful nature of the post.
• As a matter of public concern, Plaintiff along with other members of the community discussed the post and urged the City to remove the post.
• Plaintiff disagreed with the post and discussed his displeasure of the police and the City of Lansing Police Department and Chief Green on his podcast and social media.
• During this time, Plaintiff was on non-duty medical leave.
• Plaintiff was being treated differently than similarly situated Caucasian employees who were placed on duty medical leave and/or allowed to go on duty related retirement, while Plaintiff, who suffered the medical injury/condition on duty while working as a Lansing firefighter, was forced to go on non-duty medical leave.
• On January 24, 2021 Plaintiff shared the Chief’s telephone number with the general public on his Facebook page encouraging them to contact Chief Green to voice their displeasure with him for posting the picture.
• At the time Plaintiff shared the Police Chief’s telephone number he was acting as a private citizen who obtained the Chief’s telephone number as a private citizen.
• At the time Plaintiff shared the Police Chief’s telephone number he was acting as a private citizen engaged in political speech critical of the Lansing Fire Department which was protected by the First Amendment.
• At relevant times, Plaintiff was acting as a private citizen and none of his acts were disruptive to the Lansing Fire Department or the City of Lansing.
• On March 11, 2021 Plaintiff was terminated for engaging in protected free speech and posting the Police Chief’s telephone number on his Facebook page.

Here is a copy of the complaint: