NC police sergeant sues boss and town, claims $5M in emotional distress, other damages
A police sergeant who served in the Marines and N.C. National Guard has sued his boss and North Carolina town, claiming $5 million in emotional distress and economic damages.
James Burgess, a Black officer in the Gaston County town of Dallas, says he suffered those damages when he was retaliated against for complaining about being passed over for a promotion to captain because of his race.
A white sergeant with far less law experience and who never served in the military was later promoted to the job, according to the lawsuit Burgess filed Feb. 24 in federal court in Charlotte.
He said no one told him the outcome of the town's inquiry into his complaint.
The lawsuit says Police Chief Robert Walls and town management also denied Burgess incentive and standby pay that white officers had no trouble getting.
WBTV first reported on the lawsuit.
Dallas town officials don't comment 'on active or pending litigation,' Town Manager Jonathan Newton told The Charlotte Observer on Friday.
In his lawsuit, Burgess said he's worked for the police department since 2016 and has 11 years of law enforcement experience. He was an active-duty Marine for four years and served 16 years with the North Carolina National Guard, retiring as a sergeant in 2020, he said.
He said he was the most senior Dallas Police sergeant when he asked about being promoted to open captain and lieutenant jobs. The FBI trained him as a hostage negotiator, and he was the only Internal Affairs officer on the Dallas force, he said.
Walls ignored a unanimous vote by the department's new Captain Promotion Board to promote Burgess to the role, the lawsuit says.
In 2023, Walls issued new police cars to officers, including those who joined the department after Burgess, but Burgess did not receive one, the lawsuit says.
That was retaliation for Burgess filing a complaint with the federal Equal Employment Opportunity Commission for being passed over for promotions, according to the lawsuit.
Burgess said he's suffered 'anxiety, depression, humiliation, embarrassment and loss of professional standing' due to the retaliation.
He wants a jury to award him back and front pay, and damages, in amounts to be proven at trial, he said.
Editor Patrick Wilson contributed.
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