AFFIDAVIT OF ILLEGAL DISCRIMINATORY PRACTICE

CHRO NO._______________ EEOC NO._________________

1. My name is Mustafa Salahuddin Connecticut.

2. My mailing address is the same.

3. The Respondent is the City of Ansonia, the Ansonia Police Department,

Chief of Police Kevin Hale and the Ansonia Police Board of Police Commissioners

located at 253 Main Street Ansonia CT, and 2 Elm Street Ansonia CT.

4. I have been constantly discriminated and retaliated against since I began

my employment with the latest instance occurring on November 3, 2010. This

retaliation consisted of my employer, the Ansonia Police Department constructively

terminating me, in the form of forcing my retirement. This event followed my trial on

the charge of larceny in the 6th degree, the result of which was an acquittal. This false

allegation made by Chief Kevin Hale, his treating me differently than other officers

accused of similar conduct, his giving false and malicious testimony while under oath in

furtherance of his plan to use this as a pretext to begin termination proceedings. These

combined, explained in detail below form the basis of this complaint. The criminal trial

began on March 8, 2010.

5. I believe that my race (African-American), my color (black), my religion

(Islam) and my previously having opposed discriminatory conduct (against both

myself and others), and my asserting my First Amendment Rights in filing a prior

complaint with the CHRO and speaking out against his actions relating to me, were in

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part factors in this action. I believe that the respondent violated the following

Connecticut General Statutes and Acts listed below.

46a-58(a) 46a-60(a)(1) 46a-60(a)(4) 46a-60(a)(7)

46-64a 46a-81 46a-80 46a-60(a)(8)

Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000e and the

Civil Rights Act of 1991 (15 or more employees)

COMPLAINT

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The particulars of my complaint are as follows:

1. My name is Mustafa Salahuddin and I reside at Connecticut.

2. My mailing address is the same.

3. The Respondent is the City of Ansonia, the Ansonia Board of Police

Commissioners, the Ansonia Police Department and Chief of Police Kevin Hale with

business addresses of 253 Main Street Ansonia CT, and 2 Elm Street Ansonia CT.

4. I have been constantly discriminated and retaliated against since I began my

employment with the latest instance occurring on November 3, 2010. This retaliation

consisted of my employer, the Ansonia Police Department constructively terminating

me, in the form of forcing my retirement. This discrimination and retaliation consisted

of my employer, the Ansonia Police Department, by and through, its Chief of Police

Kevin Hale, 1) making a false allegation of the theft of a garden hose against me, 2)

requesting a criminal investigation be commenced against me, the subject matter of

which was this false allegation of theft, when officers accused of similar if not the same

conduct were never made the subject of such an investigation 3) using the Ansonia Police

Departments legal status as the victim in this matter to demand the charge against me be

pursued to where a trial on the merits was necessary to resolve this matter 4) giving false

testimony while under oath at the criminal trial of this matter. 5) Constructively

terminating my employment in the form of forcing my retirement after scheduling a

termination hearing in which I could not take part pursuant to the orders of my treating

physician. The Ansonia Police Commission’s retaliation and discrimination consisted of

one member Robert Goldsen, defaming me to members of the public after the Chief had

told him that myself and another African American Officer, Joseph Jackson, “should

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have never been made police officers”. The Board of Police Commissioners is designed

to provide oversight to the position of the Chief of Police and while Chief Hale may hold

such an opinion, as is his right, Robert Goldsen, in his capacity as a Commissioner does

not have the right to echo the Chief’s sentiments to members of the public. Another

member and the President of the Board of Police Commissioners, Nicholas Amico, stated

to members of the public who expressed concern over my malicious and vindictive

prosecution, that I was a thief and by supporting me they were supporting and condoning

a thief.

5. I believe that my race (African-American), my color (black), my religion

(Islam) and my previously having opposed discriminatory conduct (against both myself

and others) were in part factors in this action. I believe that the respondent violated the

proceeding Connecticut General Statutes and Acts listed on the proceeding page.

6. The respondent employs more than 15 persons.

7. I began working for the respondent in 1993 in the capacity of a police officer.

8. All of my performance ratings up to and including the most recent rated me

satisfactory or better and I have received numerous departmental service awards.

9. I began part-time employment with the respondent in 1993.

10. I repeatedly made attempts to obtain a full time position and was denied such a

position for years.

11. Eventually I made a complaint in regard to the City of Ansonia’s failure to hire

me for a full time position with the NAACP. After making my complaint I was

interviewed and offered a full time position.

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12. After obtaining this position I was subjected to constant harassment at the hands

of my superiors. This harassment included racial slurs and derogatory comments.

13. In 1998 I filed a complaint with the Commission on Human Rights and

Opportunities due to the fact the Ansonia Police Department denied me the right to wear

a beard. A practice that is extremely important to the practice of my religion. I prevailed

in this complaint and as a result gained the right to wear my beard.

14. In addition to wearing a beard I also was allowed to openly practice my religion

in the form of being allowed to pray at certain times during the day.

15. These developments angered my superiors and they took every opportunity to

retaliate against me as a result.

16. Eventually I decided to exercise my right to engage in union activities and

decided to run for the position of union president.

17. My decision outraged my supervisors and as a result they continued to retaliate

against me.

18. This retaliation included failing to take action against other employees who were

openly hostile towards me because of my race and initiating and subjecting me to

frivolous internal affairs investigations, after which I was not only cleared of any wrong

doing but issued an award for the manner in which I conducted myself.

19. In July of 2007 a questionnaire was circulated in regard to the Department’s

Harassment and Discrimination Policy. This questionnaire asked if I was aware if any

employee had been subjected to harassment. I answered yes to this question.

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20. I was then questioned about my answer by Lt. Cota, an officer in a supervisory

capacity and declined to discuss the matter with him but instead asked who other than

him I could speak with.

21. A female officer had been the victim of sexual harassment at the hands of a

superior officer, Lt. Wayne Williams and I was a witness to this. I counseled this officer

and offered help in any way that I could, again angering my superiors.

22. Eventually more than 8 years after the original incidents and because of the

intense scrutiny my underlying criminal matter had brought to the department Lt.

Williams was the subject of an internal affairs investigation conducted by the Connecticut

State Police at the request of Chief Hale.

23. This investigation found these allegations were true and Lt. Williams was

suspended for three weeks without pay.

24. Lt. Williams happens to be married to the daughter of a member of the Ansonia

Board of Aldermen.

25. I also spoke out against and supported others individuals in the City of Ansonia

who had their rights been violated by Ansonia Chief of Police Kevin Hale.

26. These actions again angered my superiors, most specifically Ansonia Chief of

Police Kevin Hale.

27. In May 2008 I was falsely accused of stealing a garden hose from the Ansonia

Police department.

28. This accusation led to my arrest on the charge of larceny in the 6th degree in July

2008.

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29. This hose was found within the department 5 days after it was reported missing by

the same individual who had initially reported it missing.

30. Despite the fact this hose was found inside the department, Chief of Police Kevin

Hale requested the Connecticut State Police conduct an investigation and that I be

arrested.

31. The Chief made the decision to have a criminal investigation commenced prior to

examining any of the evidence that supposedly existed against me.

32. The Chief was away at the time the hose was reported missing yet called the

Connecticut State Police from Cape Cod as he had made the decision to use this as an

excuse to be able to commence termination proceedings immediately.

33. The Chief ordered that no member of the department was to inquire to me as to

the hose.

34. As a result of this false and malicious allegation, of which I was eventually

acquitted, I was arrested and placed on administrative leave.

35. I was forced to stand trial as a result of this allegation.

36. During the course of this trial Chief of Police Kevin Hale, gave false and

malicious testimony that was untruthful in an attempt to have me wrongfully convicted as

a pretext to commence termination proceedings against me.

37. Chief Hale stated that a video showed me with two hands taking my jacket

covering a garden hose and walking out of the building with it.

38. This video does not depict anything resembling what Chief Hale testified to.

39. Chief Hale again lied stating that another officer who was the subject of a similar

allegation, that being submitting a fraudulent time card, was not arrested because this

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officer admitted to this conduct. This officer did not admit to this conduct and an internal

affairs investigation was commenced after another employee had learned of this behavior

and it was only after this investigation was commenced that this officer admitted wrong

doing.

40. I was never asked by the Chief if I had taken this garden hose, and the Chief took

specific action to prevent anyone from asking about it, ordering that an inquiry about this

missing garden hose be removed from a public board used by the department to inquire

as to the status of any number of things, including missing items in the past.

41. The jury returned a verdict of not guilty after deliberating an extremely short

period of time.

42. Prior to the commencement of trial, the Chief used his influence to try and turn

many within the department and active politically against me.

43. He asked that Robert Goldsen, a member of the Police Commission view the tape.

He also told Goldsen that myself and another officer African-American Officer “should

never have been police officers”.

44. Goldsen then went and began echoing the Chief’s sentiments throughout the City

of Ansonia.

45. This video was not shown to other Town Officials, most notably the Ansonia

Board of Aldermen.

46. After I was acquitted and vindicated of this charge by a jury of my peers, citizens

who were angry this incident had gone so far requested the Board of Police

Commissioners take action to punish Kevin Hale for using his position as a vehicle to

prosecute an innocent man.

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47. Nicolas Amico in response to the concerns of these tax paying citizens then stated

that I was a thief and anyone who supports me was supporting and condoning the actions

of a thief.

48. Citizens in attendance at the meeting then became angry and Amico’s response

was to have one thrown out of the meeting and then try and retract what he had said by

ordering a tape of the minutes not be released.

49. Members of the media had been in attendance and his spoken words were

reported in the print media.

50. My trial was the subject of extensive media coverage and those articles that

appeared online were the subject of numerous public comments.

51. People who had claimed to be members of the Ansonia Police Department began

to post comments attacking me and my character making implied threats about what was

to happen should I return to work.

52. Chief Hale did no investigation nor did he request any investigation be conducted

as to what members of the department had made such comments.

53. The Chief did no investigation to ascertain if those who made such comments

were actual members of the department.

54. Chief Hale’s decision to take no action whatsoever, was designed with the

specific intent to work in conjunction with the actions of the members of the Board of

Police Commissioners to create an environment so hostile that I would choose not to

return to work.

55. With the aforementioned false arrest as a basis, Chief Kevin Hale used his

position as Chief, and the authority vested in that position, to have me falsely arrested,

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maliciously prosecuted, and gave false testimony as a pretest for past legally protected

conduct he did not agree with. He conspired with the members of the Board of Police

Commissioners and failed to act on, or investigate the actions of members of the

department related to threatening behavior with the specific intention of creating a hostile

work environment to prevent me from returning to work at the department.

56. In August 2010 the Ansonia Police Department ordered that I return to work,

despite my not being cleared by my treating physician and despite then town never

requesting that I undergo an independent medical examination.

57. When I did not return to work pursuant to the advice of my treating physician a

termination hearing was scheduled and I was provided only one weeks notice of when

this hearing was scheduled to take place.

58. Pursuant to the advice of my treating physician I could not participate in such a

hearing as the stress associated with such a proceeding would have a negative impact on

my health.

59. If I did not retire or resign I would be terminated, as my current medical condition

prevented me from taking an active part in this hearing, so I was left with no other option

than to retire.

60. I therefore charge the respondent with discriminating against me because of my

race (African-American), color (Black), religion (Islam, my having previously opposed

discriminatory conduct and my exercising my First Amendment Rights.

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 OATH

I request the Connecticut Commission on Human Rights and Opportunities to

investigate my complaint, secure for me my rights as guaranteed to me under the above
cited laws and secure for me any remedy to which I may be entitled.

Mustafa Salahuddin being duly sworn, on oath, states that he is the Complainant
herein, that he has read the foregoing complaint and knows the content thereof, that
the same is true of his own knowledge, except as to the matter herein stated on
information and belief and that as to these matters he believes the same to be true.

Dated at Waterbury, Connecticut this 2010.

Mustafa Salahuddin

Subscribed and sworn to before me this 2010.

Rob Serafinowicz

Commissioner of the Superior Court (#423695)

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