The Village of Woodmere is now embroiled in two civil rights controversies involving both white and African American plaintiffs. In the first case (Case No. 1:07-cv-01541-DCN filed 5/25/07 on PACER), the United States claims that the Village of Woodmere unlawfully terminated two former white police officers named Amy Mengay and Tim Ellis because of their race in violation of 42 USC 2000e-5. Mengay and Ellis have both filed motions to intervene in the case. Newsnet5.com reports that the Village of Woodmere is an upscale shopping area which is predominantly run by African Americans under the authority of Mayor Yolanda Broadie. This case has some interesting twists. When this case goes to trial, the Village and its officers will have to overcome the fact that the EEOC has already concluded that the Village discriminated against the officers on the basis of race. Interestingly, however, the federal Court's Minutes of Proceedings from 8/23/07 indicate that Ellis already lost a state administrative appeal and that Mengay's administrative appeal is still pending. In fact, in the Ellis' case, the 8th District Court of Appeals docket (Trial Court No. CV-04-550569 and Appeal No. CA-05-086881) indicates that Ellis lost his administrative appeal in Cuyahoga County Common Pleas Court, unsuccessfully appealed to the Court of Appeals, and then unsuccessfully filed a petition for certiorari in the Ohio Supreme Court, which dismissed for lack of a substantial constitutional question. Mengay's appeal (Case No. CV-04-546985) is close to decision in Cuyahoga County Common Pleas court because both sides have filed proposed findings of fact and conclusions of law.
The second case (Case No. 1:07-cv-02517-JG, filed 8/20/097 on PACER) involves multiple claims of retaliation, constructive discharge, and equal protection brought by former black Police Chief LaMont Lockhart, who claims the Village retaliated against him when he provided information about Ellis and Mengay's allegations to the EEOC. Lockhart has asked that the Court to consolidate his action with the Government's case on behalf of Ellis and Mengay.