A Black veteran Los Angeles police sergeant who is suing the city, alleging he was wrongfully denied one of two open SWAT positions despite being the best qualified candidate, won a round in court when a judge said he will review LAPD personnel records in chambers to determine which of them should be turned over to the plaintiff’s lawyers for trial.
Sgt. Gregory Hoskins’ Los Angeles Superior Court lawsuit alleges he was denied the SWAT position in retaliation for having sued the city for race discrimination over a similar job rejection in 12 years earlier.
On Wednesday, Judge Michael Small said he will peruse, among other records, those pertaining to Sgt. Michael Knoke related to his selection over the plaintiff, as well as the commanding officer’s rationale for choosing Knoke over Hoskins.
“In the court’s view, plaintiff has shown good cause for disclosure of the records he is seeking through his … motion,” the judge wrote. “The affidavits supporting the motion establish a plausible factual foundation for the materiality of the records to the plaintiff’s retaliation claim.”
The judge will review the records in chambers on Aug. 9. Trial of his case is scheduled Dec. 9.
Hoskins has been a sergeant since 2003 and sued the city in 2010, alleging he was denied a sergeant position in the SWAT team because of his race. During trial of the first suit, LAPD SWAT Lt. Ruben Lopez and many other SWAT team members testified on behalf of the city, according to the new suit.
Thereafter, Lopez openly stated often that Hoskins could never work in SWAT “after trying to sue me,” or words to that effect, according to the new suit filed in June 2022.
In 2021, Hoskins competed through a physical fitness test and an interview for two open SWAT sergeant positions, the new suit states.
“Although plaintiff was the most qualified candidate for both positions, Lt. Lopez and/or other department supervisors rejected plaintiff for the positions to retaliate against him for filing his 2010 lawsuit and instead selected less qualified candidates,” the new suit alleges.
Hoskins has suffered past and future lost income, including overtime, on-call pay, pension and/or other privileges and benefits and he now has fewer chances for promotions within the LAPD, the new suit states.