AMY FORLITI
Associated Press Writer
PROVIDENCE, R.I. (AP) _ City officials will delay Monday’s scheduled start of the Providence Police Academy after a federal judge ruled in favor of nine recruits who claim they were unlawfully turned down from jobs.
U.S. District Judge Ernest Torres ruled Friday on a request from attorneys for the recruits that the 61st Training Academy Class not be allowed to start without them. Torres ruled that the academy must either delay its start, or open on time with the recruits.
A lawsuit, filed Thursday in Providence Superior Court, claims the plaintiffs’ civil rights were violated because they passed “extensive, invasive, and intrusive medical and psychological examinations,” but were not given a reason as to why they were denied admission to the academy.
That lawsuit claims that the academy violated the Americans with Disabilities Act, the Rhode Island Fair Employment Practices Act, and other employment laws. The lawsuit and the motion for the restraining order were transfered to U.S. District Court because of federal jurisdiction.
Mayor David N. Cicilline on Friday would not explain why the nine were denied enrollment, but said in a statement: “The old way of selecting police academy candidates, in 2002, was seriously flawed and a clear departure from accepted law enforcement standards and practices.”
Cicilline said Police Chief Dean Esserman has replaced the old system “with a standardized, objective procedure.”
The lawsuit names the city, the police department, Cicilline and Esserman as defendants.
Attorney Marc Gursky, who is representing the recruits, said he would have preferred that the academy opened Monday with his clients included.
Cicilline said the academy’s start would be delayed until the court decides the case. A hearing on the matter is scheduled for May 5.
According to the suit, the plaintiffs are seeking to recover unspecified damages incurred during the application process, which began in 2001.
The suit alleges that in October 2002, the recruits were given a conditional offer of employment, stating that the last step to enrollment was passing the medical and psychological examinations.
Eventually, all the recruits passed, making them eligible for enrollment, the lawsuit states.
Some of the recruits, at the direction of the department, had given employers notice they were leaving their jobs in order to enter the academy.
“Some lost valuable benefits, including promotions, training, seniority and other health and welfare benefits” when they left their former employers, the lawsuit said.
The lawsuit also said some of the recruits sold their homes and moved to Providence in order to meet residency requirements.
About 40 recruits are admitted to the police academy, which is expected to last for about five months, Esserman said.
Gursky said he believed Torres’ decision was based on the October letter the recruits received.
“The city did not explain why they changed the rules in the middle of the game,” Gursky said.
Deputy City Solicitor Bruce Todesco would not explain the process the police department used to weed out certain recruits, saying that the matters need to be heard in court first.
At an event earlier in the day, Esserman said the recruits could be eligible for future police training academies.
“Nothing is wrong with these people and they’re still eligible for future classes,” Esserman said.
Cicilline said that, as mayor, he has no active role in the day-to-day operations of the police department, and would leave those decisions up to Esserman.
“I would rely on his expertise,” Cicilline said of Esserman.
“I am confident that the process he used was open and thoughtful.”