Chief Benton Discriminated Against Black Officer: Lawsuit

JOLIET, IL — Joliet police chief since 2013, Brian Benton now finds himself as the defendant of a federal civil lawsuit filed by one of his long-time colleagues. Lionel Allen has been a member of the Joliet Police force since 1989, which is one year before Benton joined Joliet. The lawsuit also names Lt. Marc Reid, who oversees Joliet Police Department's internal affairs unit, as well as the city of Joliet. Allen's lawsuit accuses Benton and Reid, two white men, of engaging in retaliation and punishing Allen because of his color of skin.

Allen is black.

The origin of the lawsuit traces back to the events of December 2015. Allen learned he was being moved out of the division where he had spent the previous nine years "and that his sector was being given to a white officer," states his federal lawsuit filed by Julie O. Herrera of Chicago.

"Before the transfer, white officers were given the opportunity to bid on which sectors they wished to work in. Allen was not given this opportunity," Herrera alleges.

Allen's new assignment was "a less desirable assignment," known as central cover duty. The Joliet Police Department gave him the new assignment in spite of the fact he had the highest seniority in the department.

"This was not done to white employees," Allen's lawsuit states.

Joliet Patch left a voicemail message on Chief Benton's phone around 9 p.m. Monday asking for comment regarding Officer Allen's lawsuit. So far, he has not responded.

According to the federal lawsuit, Officer Allen complained to Sgt. Matthew Breen that his transfer "seemed racially motivated" and that the officer who was taking over his sector was one who had made fun of black people. Allen did not ask that a formal complaint be filed against the officer. Rather, he complained to Breen "verbally" his lawsuit states.

Afterward, Allen became the subject of an internal affairs probe launched by one of Benton's top administrators, Lt. Marc Reid, the lawsuit outlines.

Allen was accused of "conduct unbecoming a department member, false statements" and "frivolous complaints," all for what Allen said to Sgt. Breen about the white officer "who made jokes about black people being the one to take over his sector," the lawsuit states.

Allen's suit explains that he became the target of JPD's internal affairs unit even though Allen was the one who brought the following concerns to his department's white superiors:

• The white officer had used Mace on 10-year-old and 11-year-old black children and then mocked them when they cried.
• The white officer had joked about a domestic violence involving a black woman who was beaten by her white supremacist boyfriend.
• The white officer called a different black officer "big, black and handsome."
• The white officer made jokes over the police radio about catching black men who had stolen fried chicken.

The white Joliet Police officer is not mentioned by name in the lawsuit.

On May 1, 2016, Allen filed a discrimination complaint with the Equal Employment Opportunity Commission, his lawsuit states.

On June 14, 2016, Lt. Reid "sustained the complaint against Allen for making "false complaints" for what he said about the white officer making fun of blacks even though Allen had told everyone involved that he did not want to make a complaint against the white officer, his lawsuit notes.

On June 16, 2016, Chief Benton "recommended that Allen be terminated" as "further race discrimination," the lawsuit states.

"White officers have been accused of far worse misdeeds than 'making a false complaint,' which Allen did not even do, but Chief Benton did not recommend their termination," the lawsuit explains.

Also on June 16, 2016, Chief Benton told Allen he would not be fired if he chose to withdraw his EEOC complaint, "agree not to file any future charges, signed a 'last chance agreement' and took a 15-day suspension."

"Allen accepted the discipline to stay employed," his lawyer states. "Thereafter, he was suspended for 15 days. Allen attempted to withdraw his charge at the EEOC, but the EEOC recognized that the city of Joliet was engaging in unlawful retaliation, so they did not dismiss the charge."

The lawsuit notes that in 2016 and 2017, Allen remained on the less desirable "central cover" Joliet Police assignment despite having the highest seniority.

"This was not done to white employees or to blacks who had not made complaints. As a result of Defendants' actions, Allen has been harmed financially and emotionally," his lawyer alleges.

In 2017, Allen was the fifth highest-paid employee in the entire city of Joliet, making $178,405.

Benton and Reid were the 15th and 16th highest paid employees, both making around $167,000, public salary data shows.

RELATED: Joliet's Top 100 City Salaries For 2017

File image of Police Chief Brian Benton via Joliet Patch