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Virginia Beach police officer's lawsuit against city claims racial discrimination and retaliation

An officer claims he was demoted after addressing claims of discrimination. The city says they encourage everyone to withhold judgment while this process unfolds.

VIRGINIA BEACH, Va. — A Black Virginia Beach police officer is suing the city after he claims he was investigated and demoted for trying to address allegations of discrimination.

In a complaint filed in U.S. District Court, Michael Banks alleges department officials demoted him and retaliated against him after speaking out on behalf of a probationary police officer (PPO).

The document paints Banks as a model member of the Virginia Beach Police Department. Having joined in 1997, Banks rose through the ranks to become a sergeant in the department's Internal Affairs Bureau.

The document also calls Banks an "informal mentor and anti-discrimination advocate" within the department. So, when an African American recruit claimed she was not getting the same training support as her white peers, Banks said he stepped in to help.

He claims he called a training officer in an unofficial capacity about the allegations. The document said the call was made on the last day of the PPO's training, but "hoped that the conversation would bring awareness and greater sensitivity around training concerns in the future."

That officer filed a complaint surrounding that phone call alleging Banks abused his authority and that he felt coerced to pass the probationary officer. Though, according to the document, the woman did not successfully complete the process.

Because of that complaint and the following yearlong investigation, the document alleges Banks was transferred out of internal affairs, had his access to police headquarters cut off, took a pay cut and was demoted from sergeant to master police officer.

In April 2022, department leaders allegedly presented Banks with a "Memorandum of Charges for violating and sustained findings for Departmental Rule #2, Conduct Unbecoming and Rule #5, Disobedience of Others."

A statement from a city of Virginia Beach spokesperson says they understand when a city employee has a workplace concern, it can cause emotional reactions and attract media attention.

"However, both the City and this officer deserve the due process and fairness that the law and the litigation process allows, and we encourage everyone to withhold judgment while this process unfolds. We accordingly decline to comment further at this time," said the spokesperson.

The Virginia Beach Police Department declined to comment on the pending litigation.

In the complaint, Banks asks for back pay, front pay, raises and pay differential since June 2021. He also asks for compensatory damages and to be returned to the rank of sergeant and promoted to lieutenant — a promotion he claims he was previously on the list for. 

In addition, Banks also wants all negative information from his employment file "which would pose a barrier to career advancements" removed.

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