Deputy Files Suit Against Sheriff Prieto Alleging Racially Insensitve Names and Hostile Work Environment

Sheriff-PrietoA Yolo County Sheriff’s Deputy has accused Sheriff Ed Prieto of using racially insensitive language during a departmental staff meeting last fall.

Deputy Darrel Johnson told KCRA that during a meeting with a number of deputies and other high-ranking officials in the Yolo County Sheriff’s Department in September of 2011, the Sheriff singled him out using possibly racially inflammatory names such as “gravy” and “dark one.”

Deputy Johnson, who turns 43 next week, is a 14-year veteran peace office who has served the past seven years as a sheriff’s deputy with the Yolo County Sheriff’s Department where he is currently employed.

He told KCRA this week, “He looked at my general direction and said ‘Gravy, do you have any questions?’ I was sitting between two fellow deputies and looked to my left to see if he was talking to that deputy, and then I looked back at the sheriff and he said, ‘you, the dark one.’ I was the only African-American in the proximity, so I believed he was talking to me.”

According to several sources in the Sheriff’s Department, the Vanguard learned that the deputy was talking with other deputies when the sheriff called out to a group of them in order to get their attention, and when Deputy Johnson was the only one who turned, the sheriff said, “you, the dark one.”

The sheriff told KCRA that he was offended by the accusations and suggested that Deputy Johnson’s complaint was “absolutely exaggerated.”

Several sources told the Vanguard on Thursday that the sheriff often does not remember people’s names and calls people “gravy” and “easy money” rather frequently.

However, Deputy Johnson apparently grew more concerned when his fellow deputies started calling him “darkie” and other names he considered offensive.

He has now filed a formal complaint and intends to file a lawsuit in federal court.  He remains on personal leave.

“I think it was more of his duty to come to me and apologize and say something,” Deputy Johnson told KCRA.

The complaint, which the Vanguard acquired on Thursday, alleges that Deputy Johnson “was subjected to vile and reprehensible racial slurs by the Sheriff of Yolo County, Ed G. Prieto. Those slurs and the subsequent racial harassment inspired by them is the subject of this claim. The slurs and harassment constitute discrimination based on race and color.”

The complaint states that “On September 28, 2011 at approximately 8 a.m, Johnson was present with 20 to 25 other deputies at a duty assignment assembly known as Court Holding. Court Holding is held in a building adjacent to the Yolo County courthouse in downtown Woodland.”

It continues, “At the end of it, Prieto asked if anyone had questions. At this point, Johnson was seated approximately 7 feet away from the podium where Prieto was. Prieto looked at Johnson and asked, “Gravy, do you have any questions?” Johnson was puzzled as to whom Prieto was addressing. Johnson looked to his left at another deputy. Johnson looked back at Prieto. Prieto was looking right at Johnson and said, ‘You, the dark one.’ “

According to the complaint, “Johnson understood this to mean that Prieto’s ‘Gravy’ slur was directed at Johnson. Johnson told Prieto that he did not have any questions.”

The complaint reports that Deputy Johnson was “extremely shocked, offended and embarrassed by Prieto’s slurs, particularly in a room full of his working peers.”

The complaint continues: “As Johnson walked through the courthouse, another deputy told him that what Prieto did was not right and was inappropriate. Throughout the day, Johnson was disturbed and humiliated, recalling the events of that morning.”

“The following day (September 29), more deputies told Johnson that what Prieto did was out of line and something needed to be done about it.”

Deputy Johnson alleges, “Other deputies, however, began to repeat Prieto’s slur towards Johnson. Some deputies called Johnson ‘Gravy’ and ‘Dark Gravy.’ Johnson felt humiliated and belittled by these deputies repeating Prieto’s slur towards him. Johnson told the deputies that they could not say those things to him.”

Deputy Johnson would apparently take some days off.  According to sources in the department, when the sheriff was made aware of this problem, he intervened and attempted to put a stop to it.

However Deputy Johnson’s complaint reports, “When Johnson returned to work on October 4th more deputies began calling him ‘Gravy,’ ‘Dark Gravy,’ and ‘Dark One.’ This happened throughout his 8-hour shift on October 4th. Johnson was subjected to the same vile, racial slurs every day that he was at work.”

From everything the Vanguard has been able to learn of this incident, it is clear that the sheriff, himself Latino, did not intend his language to be a racial slur directed at the African-American deputy.

The Vanguard has further learned that the sheriff makes frequent use of terms like “gravy” and “easy money.”

That said, singling out an African-American deputy as “dark one” was, at best, ill-advised and insensitive.  Aside from one’s intentions, the sheriff used poor judgment and should have been more careful, particularly given the sensitivity of many people these days.

The complaint alleges, “Sheriff Prieto’s racial slurs and the subsequent racial harassment that they inspired subjected Johnson to a racially hostile work environment in violation of Johnson’ constitutional right to a workplace free of racial discrimination and harassment.”

To the extent this is true, the matter needs to be addressed.

However, the complaint goes further, to allege: “The Yolo Sheriff s Department has a policy, practice, and/or custom of using, encouraging, ratifying or allowing workplace racial discrimination and harassment. Sheriff Prieto, as a policymaker for the Sheriff’s Department, had the primary obligation of ensuring that the workplace was free from racial discrimination and harassment, but instead encouraged the use of racial slurs.”

This clearly goes too far.  There is no evidence that the sheriff condoned this type of environment and our understanding is that he took appropriate and immediate measures to put a stop to any harassment.

From what we have learned so far, at least, the sheriff should have been more careful, and there needs to be further inquiry as to how far and how hostile the work environment became following the sheriff’s poorly-chosen words.

—David M. Greenwald reporting

About The Author

David Greenwald is the founder, editor, and executive director of the Davis Vanguard. He founded the Vanguard in 2006. David Greenwald moved to Davis in 1996 to attend Graduate School at UC Davis in Political Science. He lives in South Davis with his wife Cecilia Escamilla Greenwald and three children.

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16 Comments

  1. biddlin

    “Several sources told the Vanguard on Thursday that the sheriff often does not remember people’s names(A peculiar affliction for a cop) and calls people “gravy” and “easy money” rather frequently.”
    “From everything the Vanguard has been able to learn of this incident, it is clear that the sheriff, himself Latino, did not intend his language to be a racial slur directed at the African-American deputy.”Latinos can’t be biased against African-Americans ?What would your reaction be if he called a Filipino deputy Pineapple ?
    “Sheriff Prieto’s racial slurs and the subsequent racial harassment that they inspired subjected Johnson to a racially hostile work environment in violation of Johnson’ constitutional right to a workplace free of racial discrimination and harassment.” Seems pretty cut and dried .

  2. E Roberts Musser

    Oh good grief. The Sheriff made a boo-boo; his deputies acted silly. Sounds like something that would take place in a schoolyard. It appears the Sheriff corrected the situation. Move on, and do the job you were hired to do. What strikes me about this entire incident is that Johnson didn’t seem so bothered by the terms used until other deputies told him he should be VERY bothered. And then some deputies obviously decided to have some fun at Johnson’s expense. So Prieto should haul the offenders in and shame them, and make it clear their behavior was unacceptable in a professional organization. And then Prieto needs to clean up his language a bit. Case closed. Talk about making a mountain out of a molehill…

    None of us are above saying the wrong thing a time or two, but to make a federal case out of this seems to me a bit over the top…

  3. Rifkin

    From what I know of this story it sounds to me like Sheriff Prieto’s language was insensitive and unprofessional. For that I would think it wise that Prieto be given a demerit in his official file, if there is such a file.

    Also, if other deputies called Mr. Johnson “darkie,” they deserve reprimand of some sort.

    That said, I think, based on what Deputy Johnson says Prieto did and said, this lawsuite makes Johnson look like an opportunist more than a victim. Good cops are not thin-skinned. They get yelled at by drunks and irate drivers every day. They get called “pig” and worse all the time. They have to remain calm and strong in the face of hostile crowds and mentally disturbed individuals.

    If Mr. Johnson says his feelings were hurt in this instance, I believe him. But man up, Deputy. You have to be a lot tougher than your lawsuit suggests you are.

    If Deputy Darrel Johnson worked in an office–say Elections–and his colleagues called him an offensive name and he thought the work environment was hostile and his boss’s words and actions suggested that the boss was creating the hostile atmosphere, I think he would have more justification.

    But I come down differently in this matter for two reasons:

    1. Police work is not office work. Deputy Johnson’s actual job causes him to face hostilities 100 times worse than what he says he has faced; and

    2. I am willing to give Sheriff Prieto the benefit of the doubt for now that he did not intend to be insensitive, hurtful or hostile. People make mistakes. I believe Prieto made one here. Prieto owes Johnson an apology and a promise to do better. I am willing to change my mind on Prieto if there is a long history of such language in the past or new cases pop up in the future. But what should be settled by a man-to-man talk does not require a lawsuit involving money.

    As as aside about the word “Darkie.” I realize this word is offensive. However, when I was a child, a friend of mine (who happens to be Chinese) showed me a tube of toothpaste called “Darkie” that his father (who is white) brought home from Taiwan. That brand featured a cartoonish black face with bright white teeth. You can view the image here ([url]http://s3images.coroflot.com/user_files/individual_files/original_131760_0xJgB_txUt9kjeihFISkUXzde.jpg[/url]).

    Wikipedia says that Darkie, which was sold in the Orient, was changed some years ago to “Darlie” and no longer features that character. While the name was offensive and the character was dated, the stereotype that black people have nice white teeth does not strike me as an insult at all–just the opposite. Moreover, if customers did not associate black people with bright white teeth, the product would not have been popular. False stereotypes don’t move products.

  4. biddlin

    “It appears the Sheriff corrected the situation. Move on, and do the job you were hired to do. What strikes me about this entire incident is that Johnson didn’t seem so bothered by the terms used until other deputies told him he should be VERY bothered. And then some deputies obviously decided to have some fun at Johnson’s expense. So Prieto should haul the offenders in and shame them, and make it clear their behavior was unacceptable in a professional organization. And then Prieto needs to clean up his language a bit. Case closed. ” Check, except Prieto didn’t do that . “1. Police work is not office work. Deputy Johnson’s actual job causes him to face hostilities 100 times worse than what he says he has faced;” Right, so his fellow officers are allowed to be less than civil and miles below professional ?

  5. Rifkin

    RIF: [i]”… if other deputies called Mr. Johnson “darkie,” they deserve reprimand of some sort.”[/i]

    BID: [i]”Right, so his fellow officers are allowed to be less than civil and miles below professional?”[/i]

    Where did I say that?

    Please don’t assign conclusions to me which are opposite what I actually said. You don’t have to always be such an &%^* in order to disagree with them, Biddlin.

  6. E Roberts Musser

    [quote]Check, except Prieto didn’t do that[/quote]

    Didn’t do what? From this article: [quote]our understanding is that he took appropriate and immediate measures to put a stop to any harassment.[/quote] So what is it that you don’t think Sheriff Prieto didn’t do and should have?

  7. Rifkin

    At the risk of going off-topic, this sentence of David Greenwald’s struck me:

    [i]”Several sources told the Vanguard on Thursday that the sheriff often does not remember people’s names and calls people “gravy” and “easy money” rather frequently.”[/i]

    That is not normal. There may be many medical or psychological explanations to explain it. It may be that Ed Prieto has always been this way and his forgetfulness of names is not getting worse.

    But if it is getting worse, it could be a bad sign. I think Prieto is in his mid or late 60s. That, again, is not good if his forgetting names is getting worse.

    This comes from AHAF ([url]http://www.ahaf.org/alzheimers/about/symptomsandstages.html[/url]):

    [i]”Older individuals simply need more time to learn a new fact or to remember an old one. We all have occasional difficulty remembering a word or someone’s name; [u]however, those with Alzheimer’s disease will find these symptoms progressing in frequency and severity[/u].”[/i]

    Again, if it is not getting worse for him, it’s not unusual for a 65-70 year old to forget people’s names. The question is is it progressing. That might be early stage Alzheimer’s or another form of dementia.

    [i]”There has been recent interest in a condition called mild cognitive impairment (MCI). Individuals with “amnesic” MCI, the most common form, have memory impairment (for example, difficulty remembering names and following conversations and pronounced forgetfulness), but are able to perform routine daily activities without assistance. These MCI patients generally have normal judgment, perception and reasoning skills. [u]Many people with MCI are at risk for further cognitive decline, usually caused by Alzheimer’s disease[/u]. However, while all patients who develop some form of dementia go through a period of MCI, not all patients exhibiting MCI will develop Alzheimer’s disease.”[/i]

    I hope for his sake that he has not been getting worse in this regard. I know from the experience of a family member who is now severely impacted by Alzheimer’s that it started with forgetting names and progressed from there.

  8. biddlin

    “According to sources in the department, when the sheriff was made aware of this problem, he intervened and attempted to put a stop to it.
    However Deputy Johnson’s complaint reports, “When Johnson returned to work on October 4th more deputies began calling him ‘Gravy,’ ‘Dark Gravy,’ and ‘Dark One.’ This happened throughout his 8-hour shift on October 4th. Johnson was subjected to the same vile, racial slurs every day that he was at work.”
    Whatever he may have done, Prieto obviously did not solve the problem .
    “Prieto owes Johnson an apology and a promise to do better.”
    He apparently has not apologized to the deputy and infact claims offense at being accused .
    By the way Rifkin, I don’t know what a &%^* is but feel free to kush mine ****** !

  9. Rifkin

    [i]”I think Prieto is in his mid or late 60s.”[/i]

    FWIW, I think he is 68 or will be later this year. I found a May 28, 1998 Davis Enterprise story which said he was 54 years old at that time, when he was originally running for sheriff:

    [i]”[b]Prieto, 54[/b], has an impressive list of endorsements, including former Sheriff Bob Martinez, Sacramento Police Chief Arturo Venegas, the Davis Police Officers Association, the Association of California Highway Patrolmen, three of five Yolo County supervisors, Davis Mayor Lois Wolk and many more.”[/i]

  10. Tecnichick

    This is kind of funny. First of all, to be called gravy is not a racial slur. It’s actually considered a compliment in some industrial fields. Suppose if Prieto called an anglo deputy “cream of the crop” is that racial? Cream is white,no? ,it’s a compliment.

    Secondly, Johnson has been working in a hostile environment for 14 years and the only complaint he has is the reference that Prieto made? Working around prisoners at the jail, they scream obsenities and sometimes get physical and even spit on staff. I think that Johnson is looking for what he thinks is “easy money” from the law suit. How is compensation making this ok? It shouldnt. Changing and moving forward does. He should let it go before he looks stupid in court, seriously.

  11. JustSaying

    [quote]“Several sources told the Vanguard on Thursday that the sheriff often does not remember people’s names and calls people “gravy” and “easy money” rather frequently.”[/quote]“Several sources,” you say. Well, that’s good enough for me. But, does this excuse the sheriff or confirm his racism?[quote]“Deputy Johnson would apparently take some days off. According to sources in the department, when the sheriff was made aware of this problem, he intervened and attempted to put a stop to it.”[/quote]More sources, but what do they say the sheriff did about “this problem”?[quote]“Sheriff Prieto’s [u]racial slurs[/u]….The Yolo Sheriff s Department has a policy, practice, and/or custom of using, encouraging, ratifying or allowing workplace racial discrimination and harassment.”[/quote]Does the complaint describe more than one slur instance on the part of the sheriff? Better have a lot more than that to prove “a policy, practice and/or custom.”

    Actually, this event sounds a little like the boss was trying to get some of the meeting participants to quit blabbing amongst themselves and pay attention: “Any questions at the back of the table!? Yeah, you [s]Gravy[/s] Dude.”

    I’m with those who question the wisdom of those fellow deputies who allegedly encouraged Johnson to get upset about this incident and the attorneys who are helping him push the suit. I do have sympathy for a person who suffers name-calling in school or the workplace, however. It’s not pleasant.

    Anyway, good report, David. This story’s better than gravy on Eggos.

  12. David M. Greenwald

    “But, does this excuse the sheriff or confirm his racism?”

    A County Supervisor told me that Prieto has called him easy money before. I think you have to look at the full picture, I don’t think he was trying to single the guy out, I just think it wasn’t too bright to call an African American “dark one” – intention or not.

    “More sources, but what do they say the sheriff did about “this problem”?”

    I heard he ordered the other deputies to stop, there was counseling, I think they have levels of intervention that are laid out either in an MOU or some official document about protocols to follow and from what I heard they followed it aggressively.

    “Does the complaint describe more than one slur instance on the part of the sheriff? Better have a lot more than that to prove “a policy, practice and/or custom.” “

    It describes a single incident.

    “Actually, this event sounds a little like the boss was trying to get some of the meeting participants to quit blabbing amongst themselves and pay attention: “Any questions at the back of the table!? Yeah, you Gravy Dude.” “

    That is what I got from this.

  13. E Roberts Musser

    To Rich Riflin: I understand your concern about an onset of Alzheimer’s Disease. But the onset of more difficulty in remembering names does not necessarily mean the beginning stages of dementia. Unfortunately it is very much a part of the aging process. Older people have a lot more info catalogued in their memories to sift through to find that name they are looking for. Ask anyone who has reached age 60 or older. Some wd say even earlier. Medication can also be a factor in regard to forgetfulness.

  14. Rifkin

    [i]”the onset of more difficulty in remembering names does not necessarily mean the beginning stages of dementia.”[/i]

    Understood and agreed. The question is progression. If a person is functioning normally and he cannot recall names upon sight and it nothing has become worse, it is nothing to worry about. However, I know from the experience of my family member with Alzheimer’s and from what her doctor has told me about the disease that when forgetting the names of the people around you, the people who work with you, for example, gets worse and worse–that is, the condition is progressing–it [i]could be[/i] a sign of some kind of dementia showing up. It might be due to some other medical condition, such as a TIA ([url]http://www.ncbi.nlm.nih.gov/pubmedhealth/PMH0001743/[/url]). Or it also could be something else. But, again, if it is progressively getting worse, it is not within the spectrum of normal aging. It’s normal to forget someone’s name if you never see them much. It’s normal to struggle once in a while to come up with the name of someone you see more often. It’s not normal to call the people in your circle “gravy” or “hambone” because you have no ability to recall names.

  15. eagle eye

    There are so many more acceptable salutations – dude, buddy, friend,
    you there, pal, etc, etc – why use gravy and dark one? It appears that in a position of authority Prieto uses terms that he once found
    offensive when directed at him in his youth.

    Cops live by the blue line, covering for each other in ways that never
    happen in office work. That’s why a deputy would find it alarming to
    be singled out or insulted. No cop wants to be excluded from the blue line of protection by his associates.

    And we should never forget the young man shot in the back by Prieto’s
    officers. There are serious problems under Prieto’s watch, even
    though he’s charming when he wants to be.

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