Former Police Officer Sues City of Pine Bluff for FMLA Violations and Alleged Racial Bias

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A Faulkner County resident has filed a federal lawsuit against the City of Pine Bluff, alleging violations of the Family and Medical Leave Act (FMLA), as well as state law claims under Arkansas Code §§ 16-123-105, 107, and 108. The suit, brought by former Pine Bluff police officer Julie Hilliard, asserts that the city retaliated against her for exercising her federally protected rights.

Hilliard, a white female, served as a police officer with the Pine Bluff Police Department for 14 years. The department operates under a para-military structure, and the city follows a mayor-council form of government. According to the complaint, Pine Bluff is a municipal corporation in Jefferson County that receives federal funding and employs more than 300 individuals.

The complaint alleges that on May 28, 2023, Hilliard was evaluated by an advanced practice registered nurse who found that she had muscle spasms and restricted neck movement. As a result, the medical provider excused her from work from May 28 to May 30. Hilliard contends her medical issues began on May 26, during her scheduled off days, and that she promptly informed the city about her condition.

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Despite this, the city allegedly refused to recognize her doctor’s note, citing a policy of not accepting medical excuses for absences shorter than three days. She was reportedly denied the ability to work off-duty due to the alleged “unexcused” leave, even though the leave spanned five days including off days.

On January 23, 2024, Hilliard, through her attorney, formally notified the city of her intent to assert her rights under the FMLA. According to the lawsuit, the city’s only response was to use this assertion of rights as the basis for an Internal Affairs investigation. The city allegedly claimed in an official investigation that Hilliard attempted to “intimidate and bully this administration” by seeking legal representation and threatening litigation.

The complaint further states that following the FMLA notification, Hilliard was subjected to increased scrutiny. One incident cited occurred in June 2023, when Hilliard stayed home to care for her elderly mother after a tornado damaged her home in Conway. She informed her supervisor, Sergeant Sabrina Washington, who allegedly authorized her absence and classified the days as sick leave. Hilliard maintains she never requested to use sick leave for that purpose.

The department reportedly had a longstanding practice of awarding officers “free days” in recognition of exceptional service. Hilliard claims she received one such day in December 2023. Nonetheless, the Internal Affairs investigation led to disciplinary action: Hilliard received a four-day suspension for “falsifying records,” while Sergeant Washington received a five-day suspension for dereliction of duty.

The disciplinary actions raised questions of consistency and fairness. The lawsuit claims that a disciplinary committee, chaired by Assistant City Attorney Lorine Hatcher, was aware of more lenient treatment given to Washington. Despite acknowledging more serious consequences could have been imposed, the committee justified leniency by citing Washington’s dedication to the department. Washington has since resigned from her position.

The complaint outlines the racial makeup of Pine Bluff and Jefferson County, noting that African Americans constitute the majority in both. It also highlights the racial demographics of city leadership and law enforcement, implying potential racial motivations behind the disciplinary decisions.

Hilliard’s lawsuit asserts that both federal and state laws were violated and that the federal court has jurisdiction under 28 U.S.C. §§ 1331 and 1367.