54 Fair empl.prac.cas. 616, 55 Empl. Prac. Dec. P 40,464 United States of America v. Johnnie F. Clark, United States of America v. Theresa Jeffery

Clark appeals from his conviction for perjury under 18 U.S.C. § 1621 and for making a false statement under 18 U.S.C. § 1001 . Jeffery appeals from her conviction for perjury in violation of 18 U.S.C. § 1621 . The district court had jurisdiction under 18 U.S.C. § 3231 . We have jurisdiction over this timely consolidated appeal pursuant to 28 U.S.C. § 1291 . We affirm.

I

Clark and Jeffery are both Black, roomed together, and served as police officers for the Oakland Police Department (department) during 1983. On July 29, 1983, Clark, Jeffery, and two other police officers filed a grievance with the department, alleging the department’s arrest quota system was unconstitutional. The department dismissed this grievance. On September 5, 1983, Clark filed a similar claim with the Equal Employment Opportunity Commission (EEOC) complaining of illegal quotas, harassment, and undesirable assignments.

A few weeks before filing the EEOC complaint, Clark and Jeffery had violated the department’s sick leave policy. On Sunday, August 14, 1983, Clark and Jeffery called from a roadside telephone, claiming they were sick at home. Because both officers were to begin a vacation the next day, their…