Adley Shepherd v. City of Seattle

BACKGROUND

The Chief of Police terminated Shepherd’s employment as a City police

officer after determining that he used excessive force during an arrest. Pursuant to

a collective bargaining agreement between the City and the police union (“CBA”),

Shepherd appealed his termination to a disciplinary review board (“DRB”). After

investigations and a hearing, the DRB ordered the City to reinstate Shepherd within

fifteen days. Under the CBA’s arbitration provision, the DRB’s reinstatement order

was supposed to be final and binding on the parties. But the City did not reinstate

Shepherd. Instead, it sought review of the DRB’s decision in Washington state

courts, which eventually voided the reinstatement order as contrary to public policy.

See generally City of Seattle, Seattle Police Dep’t v. Seattle Police Officers’ Guild,

484 P.3d 485 (Wash. Ct. App. 2021), review denied, 493 P.3d 740 (Wash. 2021).

Shepherd’s employment was never reinstated.

Shepherd, who is African American, then filed this suit in federal court,

alleging, inter alia, that the City did not appeal unfavorable DRB determinations in

cases involving similarly situated white officers and thereby…