David Divis seeks undisclosed damages in a lawsuit filed Nov. 14 in Pierce County Superior Court.
He contends that, among other things, he was treated differently during disciplinary action and lost advancement opportunities because of what he called the State Patrol’s discriminatory practices.
“Defendants took adverse employment action based on plaintiff’s race and/or religion,” his lawsuit states.
In an interview, his attorney, Warren Martin, said agency politics also played a part in his client’s troubles.
“Race and religion are certainly issues,” Martin said. “Are they the only issues? No.”
A State Patrol spokesman said the agency was confident it will be exonerated of any wrongdoing.
“We’ve acted in good faith throughout this entire process,” said spokesman Rob Calkins, who declined further comment.
Divis has worked for the State Patrol since 1989 and became a commissioned trooper in 1991.
His career was on course until 2008, when he became the subject of an internal affairs investigation stemming from complaints that he made inappropriate comments about some of his subordinates and used intimidating tactics to prevent them from reporting it.
Divis allegedly complained to a colleague in 2006 or 2007 that the lazy troopers in his detachment were all African American, according to internal State Patrol records.
On another occasion, he allegedly commented that a former Major League Baseball player, also African American, looked like Aunt Jemima, the records state.
Martin said the complaints came after his client began holding the troopers in his detachment to higher standards of performance.
The internal investigation found wrongdoing on Divis’ part, but he requested that a Trial Board review the case. The board was made up of two State Patrol captains and a sergeant who interviewed witnesses over six days last year.
That board found Divis committed three of the 11 violations he was accused of and recommended he receive a 20-day suspension.
“The Trial Board concluded that Sgt. Divis did make insensitive and negative comments about his troopers that included needless references to race as well as remarks about contemplated or actual disciplinary issues,” according to a report issued by the board.
The report went on to say Divis’ intent did not seem malicious and that he turned around an under-performing detachment.
State Patrol Chief John Batiste ignored the board’s recommendation and instead demoted Divis, Martin said.
Divis appealed the decision to Thurston County Superior Court, which this year reinstated him to sergeant and referred his case back to Batiste for reconsideration of discipline.
That decision is pending, and Divis has been on paid administrative leave since, Martin said.
His personal-injury case, filed in Pierce County Superior Court, names the State Patrol, Batiste and Assistant Chief George Hattell as defendants.
Divis contends someone made disparaging remarks about his religion during the internal affairs investigation, “including a comment that (he) must have discriminated against certain troopers because his church does not allow blacks to attend,” the lawsuit states.
The Church of Jesus Christ of Latter-day Saints welcomes worshippers of all races, according to the church’s official website.
Divis also contends in the lawsuit he received disparate treatment “because of his race (Caucasian) than the WSP applied to employees of other races (including African American employees.)”
State Patrol leaders unfairly made his life difficult after the internal affairs investigation, he alleges, by transferring him to detachments far from his home and making it hard for him to apply for a promotion.
The transfers were “extreme and outrageous” because Divis wanted to be close to home to help care for a daughter who was sick with cancer, the lawsuit states.
Adam Lynn: 253-597-8644 adam.lynn@thenewstribune.com
