Fired Ex-Firefighter Sues New Haven For Racial Discrimination

By Thomas Breen, New Haven Independent

NEW HAVEN, CT — A former city fire lieutenant has filed a lawsuit in federal court accusing the city of racial discrimination in how it handled his arrest for sexual assault — and in its refusal to reinstate him after his acquittal by a jury.

Keith Norfleet filed that lawsuit in the U.S. District Court of Connecticut on Saturday, April 4.

The lawsuit names the City of New Haven, now-retired former Fire Chief John Alston, former Chief Administrative Officer Regina Rush-Kittle, and the city’s Board of Fire Commissioners as defendants.

As detailed in a 45-page complaint written by attorney Eric Brown, Norfleet claims that the city has treated him differently than other firefighters in comparable situations because he is Black and they are white.

“The evidence of discrimination is stark and irrefutable,” the lawsuit states. “Firefighter John Doe 1, a white employee who faced nearly identical sexual assault charges arising during divorce proceedings, was placed on administrative leave—exactly as Defendants publicly promised Plaintiff would be treated—and was reinstated following his acquittal with no press release issued, no public humiliation, and no termination. Plaintiff, who is Black, received the opposite treatment in every material respect.”

Norfleet, who is now 36 years old, was arrested in August 2023 following a months-long police investigation into a night that a reported victim told investigators began with consensual sex, and ended with her being raped. Norfleet, who was a New Haven Fire Department (NHFD) lieutenant at the time, was charged with one count of sexual assault in the first degree.

According to the new federal lawsuit, Norfleet was fired from his city job on Aug. 8, 2024 — “two months and fifteen days before a jury of his peers unanimously acquitted him of the criminal charge that formed the entire foundation of the City’s disciplinary case.” That unanimous “not guilty” verdict from a jury came on Oct. 23, 2024.

“Despite this complete and total vindication,” the lawsuit continues, “Defendants have refused to reinstate Plaintiff to his position, choosing instead to perpetuate the harm they caused through a discriminatory, retaliatory, and procedurally defective termination.”

In a statement provided to the Independent Thursday, Mayor Justin Elicker defended Norfleet’s termination as approved by the city’s fire commission and upheld by the Connecticut State Board of Mediation & Arbitration.

“While the city has not yet been served with any new federal complaint, we will continue to defend this decision and that Mr. Norfleet’s violations of departmental rules and regulations warranted termination,” Elicker said.

“Overwhelmingly, New Haven firefighters hold themselves to the highest standards of professionalism and put their lives on the line every day to protect and serve our residents and keep our city safe,” Elicker added. “However, when a firefighter deviates from these high standards like what occurred with Mr. Norfleet, there must be accountability for their actions and those actions will not tolerated by the New Haven Fire Department.”

Norfleet’s lawsuit also points to other firefighters — named in the suit as John Does 1, 2, 3, and 4 — to bolster its claim that Norfleet received discriminatory treatment by the city because of his race.

While the city issued a press release back in 2023 about Norfleet’s arrest, “no press release was issued for white firefighter John Doe 1 when he faced sexual assault charges during divorce proceedings; no press release was issued for white firefighter John Doe 2 when he was arrested twice on one felony and six misdemeanor charges; no press release was issued for John Doe 3 when he faced domestic violence charges involving a firearm; and no press release was issued for John Doe 4 in connection with his domestic incident.

“The decision to single out Plaintiff—an African American firefighter—for this unprecedented public exposure, while affording total confidentiality to white firefighters facing comparable or more serious criminal allegations, was intentionally discriminatory and motivated by Plaintiff’s race.”

Brown — who has also represented fired-then-rehired-then-retired city police Sgt. Shayna Kendall in a now-dropped anti-discrimination lawsuit against the city — concludes Norfleet’s complaint by asking the court to find that the defendants violated Norfleet’s rights under the Equal Protection Clause and the Due Process Clause of the 14th Amendment to the U.S. Constitution, as well as under Title VII of the Civil Rights Act of 1964.

The plaintiff also calls for the city to immediately reinstate him to the position of NHFD lieutenant retroactive to Aug. 8, 2024; to fully restore all pension benefits and service credits from Aug. 8, 2024 through the date of his reinstatement; to “take all reasonable steps to retract, remove, and destroy the August 28, 2023 press release from all City websites, social media accounts, and public records to the maximum extent legally permissible, and to issue a public statement acknowledging Plaintiff’s acquittal and his reinstatement;” and to pay him compensatory and punitive damages, among other forms of relief.

The New Haven Independent is a not-for-profit public-interest daily news site founded in 2005.