By Elisabeth Waldon | on August 22, 2022
STANTON — For the second time in her law enforcement career, a police officer is suing her former employer for height and gender discrimination after being fired.
Destinee Bryce filed a federal lawsuit on Aug. 4 in the U.S. District Court Western District of Michigan against the city of Stanton and City Manager Jacob VanBoxel alleging gender and height discrimination in violation of 42 USC 1983, the Fourteenth Amendment and the Michigan Elliott-Larsen Civil Rights Act. The lawsuit alleges that Bryce is a member of a protected class based on her gender and height (she is 4-foot-7-inches tall).
Bryce was hired as a Stanton police officer in July 2016 she and was promoted to police chief in September 2020, succeeding the late Joe Patino. Bryce was placed on administrative leave by VanBoxel on Aug. 2, 2021, and fired shortly thereafter.
Bryce was hired as police chief of the village of Elsie in Clinton County this past May.
Bryce previously sued Saginaw County and its sheriff’s department in a height and gender discrimination lawsuit after she was fired as a part-time sheriff’s deputy, according to the Saginaw News. Bryce claimed her stature led sheriff’s officials to prevent her from obtaining full-time work with the sheriff’s department. In 2014, shortly before going to trial, Bryce received a settlement of $215,000 from the county, which expressly denied any liability.
Bryce is being represented in her lawsuit against Stanton by The Mastromarco Firm in Saginaw — the same law firm which represented her in her lawsuit against Saginaw County.
Lauri Beth Stewart of Detroit is acting as attorney for the city of Stanton.
LAWSUIT ALLEGATIONS
The lengthy list of complaints alleged in Bryce’s lawsuit state that as Patino’s retirement date of August 2020 approached, “individuals in the community began opposing plaintiff’s advancement to the chief position, indicating that some believed that a woman of plaintiff’s stature could not succeed in the position. Bryce alleges this same discriminatory sentiment was shared by Stanton Mayor Lori Williams in July 2020 who allegedly opposed Bryce’s future appointment to the position of police chief, stating that the city of Stanton should post the police chief position as open and accept applications for interviews.”
Bryce says former Stanton city manager Vester Davis told her that “some people” had it out for Bryce and there was a target on her back.
“Davis specifically mentioned receiving an email from a neighboring chief of police, who advocated against plaintiff’s hiring,” the lawsuit states.
Bryce was named Stanton police chief in September 2020. Davis resigned as city manager in October 2020 and VanBoxel was hired as city manager in January 2021. Shortly after VanBoxel was hired, Bryce says she met with him and Williams.
“Vanboxel informed plaintiff that he had been ‘brought up to speed’ by Mayor Williams and it was his understanding that the city wanted to hire Matt Pumford, whom was to be her subordinate, and who was at that time an officer with the city of Beaverton, as a full-time officer and in order to hire him, would need to pay off Officer Pumford’s contract with Beaverton, for approximately $7,800.28,” the lawsuit states.
Pumford was hired as a Stanton police officer in February 2021. Bryce says Pumford requested a meeting with her in April 2021 and he then “proceeded to act insubordinately and stated he did not like the way plaintiff did her job.” Bryce said Pumford attempted to have her hire a friend of his as a part-time officer, but when she refused, VanBoxel and Williams began “interfering with Bryce’s oversight of the police department.”
As examples, the lawsuit states that on April 20, 2021, VanBoxel and Williams asked Bryce to enforce a “no overnight parking” restriction, but the following day, VanBoxel instructed Bryce not to issue parking tickets to vehicles abusing overnight parking even though Pumford had placed warnings on approximately 24 vehicles the previous night. Bryce says she protested VanBoxel’s alleged attempts to “micromanage” the police department, but he “frequently refused to value plaintiff’s input or information, demonstrating his negative view that a woman of plaintiff’s stature should not be a police chief.”
The lawsuit states that on May 4, 2021, Bryce received a call from a Montcalm County sheriff’s deputy who advised he had arrested a drunken driver but the driver got away without penalty, because the stop signs in the city of Stanton were nonconforming to Michigan Department of Transportation (MDOT) standards. Bryce says she reported the nonconformance to VanBoxel who said he would speak with the city’s Department of Public Works Director James Blum. Bryce says VanBoxel later said the stop signs were legal according to Blum. Bryce says she again reported the nonconformance of the stop signs and also contacted MDOT.
“As time went on in April and into May, Officer Pumford became increasingly insubordinate to the plaintiff,” the lawsuit states. “VanBoxel condoned, tolerated and encouraged Officer Pumford’s insubordination.”
The lawsuit states that on May 7, 2021, Pumford chose to work particular hours of his own choosing instead of the hours Bryce had instructed him to work. Bryce says when she questioned Pumford, he became “extremely upset and proceeded to be insubordinate.” Bryce says she questioned Pumford the following day and he again became angry and walked out.
Bryce says she reported Pumford’s actions to VanBoxel, “who did nothing in response.” Bryce says VanBoxel and other city officials “tolerated the insubordination” of Pumford and told Bryce that she would be disciplined if she disciplined Pumford.
The lawsuit says that when Bryce was fired on Aug. 2, 2021, “any reasons given for plaintiff’s termination — that in fact the defendants broadcast to the local news — were pretextual in nature, and to mask their true reasons.”
In fact, when asked by the Daily News why Bryce had been fired, VanBoxel initially declined to comment. Only after the Daily News sent two Freedom of Information Act requests did VanBoxel provide a statement about her termination. VanBoxel said he was notified of allegations regarding Bryce’s conduct, including unprofessional interaction with the public, a potential incident of unlawful detention, the failure to properly document and store evidence (including a firearm and a cell phone) and the failure to abide by city policies regarding documenting compensatory time.
Bryce’s lawsuit also alleges, “Defendants also reported the false and defamatory reasons for plaintiff’s discharge to the MCOLES (the Michigan Commission on Law Enforcement Standards), which MCOLES found to be unsubstantiated. Defendants were motivated to defame the plaintiff and provide false information to MCOLES to prevent the plaintiff from getting a job in the future, and to place false information on her personal record for the State of Michigan licensing agency.”
The lawsuit alleges that Bryce suffered and will continue to suffer economic damages, as well as “emotional distress, mental anguish, shock, fright, embarrassment, humiliation, nervousness, anxiety, depression, denial of social pleasures and disruption of lifestyle.”
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