By Anthony Rice
In Bonenberger v. St. Louis Metropolitan Police Department, Plaintiff David Bonenberger, who is white, claims that two lieutenants conspired to promote another candidate over him based on her race. On summary judgment, the court viewed the evidence in a light most favorable to Bonenberger and found that a jury could reasonably conclude two lieutenants conspired against him, and therefore concluded the case could go to trial.
The posting for the Assistant Academy Director position listed minimal qualifications that included three years of supervisory experience. Three candidates applied for the position: Sgt. Bonenberger, Sgt. Angela Taylor (an African American female), and Sgt. James Buckeridge (a white male). None of the three candidates met the minimum threshold of three years of supervisory experience. Lt. Muxo recommended to Lt. Col. Harris that Taylor be temporarily placed into the position. Lt. Col. Harris passed that recommendation along to Chief Isom, who instead permanently assigned Taylor to the Assistant Directorship.
Bonenberger alleges that, before he applied, Lt. Muxo told him that he “shouldn’t put in for it because the position was going to a black female” and that the decision came from Lt. Col. Harris. Bonenberger further testified that after he filed his grievance, Lt. Muxo sought him out and told him that the position went to Sgt. Taylor because Lt. Muxo “had to bring color to the Academy.” Deborah Boelling, the Assistant Director immediately preceding Taylor, stated that when she recommended Bonenberger for the position, Lt. Muxo responded that “Lt. Col. Harris wanted a black female in the position . . . [and] that there was no way Lt. Col. Harris would put a white male in the position.” Lt. Muxo denies making these statements.
First, the court articulated what Bonenberger had to show, then it ruled in his favor:
In order to show a constitutional conspiracy, a party must show that two or more individuals conspired for the purpose of depriving, either directly or indirectly, a person or persons of their right to equal protection of the laws or of equal privileges and immunities under the laws and that an act was done in furtherance of the conspiracy that caused an injury or deprivation to another.
Bonenberger has provided sufficient evidence of a conspiracy between Harris, Muxo, and Isom to show that a genuine issue remains for trial. Muxo told Bonenberger and Boelling that Harris wanted a black female in the position, and told Bonenberger on a second occasion that he had received orders to “bring color to the Academy.” This evidence, if believed, is more than sufficient to show that Muxo and Harris conspired with one another.
