By Matt Katz
The Philadelphia Inquirer
CAMDEN, N.J. — A federal judge is allowing two Camden firefighters who won a 2001 discrimination suit to pursue two new trials — and possibly obtain further damages — against the City of Camden.
U.S. District Judge Jerome B. Simandle did not dispute the winning claims of the high-ranking black firefighters in the suit against the current fire chief, a former fire chief, and Camden. But because of an appeal by the city and a procedural mistake, new trials will be scheduled.
Regardless of the outcome, Simandle said part of the damages — back wages of $116,000 for Battalion Chief Terrence Crowder and $70,000 for Deputy Chief Kevin Hailey — must stand.
Both firefighters still work for the department, and one of the defendants, Fire Chief Joseph Marini, is still their boss. Marini did not return a message yesterday afternoon, nor did Cheryl Cooper, the attorney handling the case for the city.
In 2001, the firefighters, now the second- and fourth-highest-ranking members of the department, contended that they were not promoted because of their race and that they experienced retaliation after they complained.
The legal briefs are filled with racist, sexist, and anti-Semitic language attributed to fire officials.
The firefighters’ attorney, Gregg L. Zeff, said that because the city had drawn this case out, Camden could be on the hook for close to $2 million, including attorney fees.
A request to the city attorney’s office this year by The Inquirer for the total cost of the city’s legal fees in the cases was denied.
Camden is perpetually broke, and it relies on state taxpayers to fund most of its budget.
The judge’s order yesterday said the first new trial should be on the federal discrimination case, which awarded each plaintiff lost wages and $1 each in pain and suffering. This retrial was being allowed because the city contends it wasn’t culpable for the $2 and related attorney fees, since its government is under state control, Zeff said.
The second new trial was called on the punitive damages, which came to $600,000, because a previous judge made an error in his jury instructions.
The city “could lose more money,” Zeff said. “This is what Camden wanted.”
A third lawsuit, based on alleged discrimination against the firefighters since 2001, also is pending.
In yesterday’s ruling, Simandle described the whole affair as having a “long and tortured history.”
The Fire Department is facing its share of other difficulties this year.
The New Jersey Attorney General’s Office has been investigating allegations that questions on a captain exam circulated in a Camden firehouse around the time the test was given, fire officials have said.
And the department faced steep budget cuts this year. Companies were consolidated, and overtime was reduced. Firefighters have complained to City Council that there is often not enough manpower and equipment to keep the city safe.
Two weeks ago, firefighters marched through city streets, briefly stopping traffic on the Ben Franklin Bridge, to protest the cuts.
On Saturday, only 24 firefighters of more than 50 scheduled came to work for a shift, Marini told Council this week.
Forty-nine firefighters are needed to cover the city at any time.
Council members said fire departments from neighboring towns were tired of backing up Camden’s depleted force and now would respond only to major incidents.
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