RALEIGH, N.C. — North Carolina’s appeals court has upheld the dismissal of a lawsuit filed by the former assistant chief of the Durham Police Department, who alleged civil rights violations.
A three-judge panel of the N.C. Court of Appeals on Tuesday upheld a lower court ruling in the lawsuit filed by Winslow Forbes against the city, the former police chief and the city manager. The decision upholds the lower court’s summary judgment against Forbes, who said former Chief Jose Lopez didn’t promote him to deputy chief “in retaliation for his opposition to race discrimination” by Lopez.
The Appeals Court said Forbes’ appeal wasn’t based on the lower court’s decision on discrimination but rather on retaliation. The court said many of the actions that Forbes mentions occurred after the hiring decision had been made.