A former Montgomery police officer is suing the town and its former police chief, alleging that he was fired after he refused to harass African-Americans in the town.

Montgomery Mayor James Higgins Jr. has denied the claim, saying the racism issue is a creation of the media and that he has received calls of support from African-Americans who do not believe a racism problem exists in the western Fayette County town.

The suit on behalf of Gary Perdue was filed by Charleston attorney Mike Clifford in Kanawha County Circuit Court.

According to Clifford, Perdue’s hours were reduced and he was eventually fired after he would not agree to follow orders calling for the harassment of African-Americans.

“He says they specifically told him to harass the blacks and to keep them from coming downtown, and then his hours were reduced,” said Clifford. “(He was) eventually eliminated.”

The police chief identified in the suit is Pete Lopez, who resigned from the Montgomery Police Department in May.

Higgins said Lopez resigned so that he could have more time to continue to operate his three businesses in the town.

Many other officers on the Montgomery force have also left the department over the past few months, said Clifford.

According to the mayor, citizens who have filed lawsuits against the town do not represent the African-American community in Montgomery.

“If you were to come here in the city and talk to a lot of the long-term black citizens we have here, they would be the first ones to tell you there is no problem (with racism),” said Higgins. “The best indicator for me would’ve been if our black community here felt like there was any validity to this.

“They would’ve been the first ones to march on city hall,” he said. “It was completely the opposite.

“I have received calls of support.”



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Last month, the town settled one case with an African-American citizen, Roderick White, who reported that an officer used excessive force.

At least two more civil rights violations cases, filed by African-Americans, are pending against the police department. All name former Montgomery officer Matthew Leavitt as a defendant.

Leavitt pleaded guilty in federal court in July to two misdemeanor civil rights violations which involved beating Twan Reynolds, who is black, with a slapjack and falsely charging Reynolds’ wife, Lauren Santella-Reynolds, with a DUI on the same day. Santella-Reynolds is white.

He had been on administrative leave prior to the plea.

“In all fairness to the city of Montgomery, since these incidents, and since the departure of Chief Lopez and Leavitt, they seem to have done a considerably diligent job of trying to straighten out the police department,” said Clifford. “They’re to be commended for that.”

White alleged that he was maced by Leavitt after White’s wife had called the police to break up a fight between her husband and a neighbor on Sept. 29, 2007.

Leavitt allegedly maced White’s wife and used mace against White on another occasion.

Roderick White was charged with two counts of battery, disorderly conduct and obstructing an officer.

Clifford said all charges against White were eventually dropped by the city and that White was awarded an undisclosed amount of money in the civil settlement.

The attorney added that he became aware of Perdue’s situation while representing White.

“I do know (the police department) attempted to bring Perdue forth as a witness in the case against Roderick White,” said Clifford. “I had interviewed Officer Perdue beforehand.

“He said, ‘I don’t know why they’re insisting I be down here because these (the Whites) have always been fine people, always cooperated with me, never caused me any problems.’”



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Lopez said in April that he didn’t believe any of the incidents mentioned by Clifford were motivated by racism, including the Reynolds case.

Lopez said he believes Leavitt and Reynolds had an altercation that became heated.

“I think it was over-reacted differences of opinion,” he said. “It seemed to create its own problem that could give an appearance of being something bigger than what it was.”

Lopez said Leavitt was dismissed because he didn’t exhibit conduct becoming to a police officer.

“Officer Leavitt was dismissed because his reactions to incidents, not his actions creating incidents,” said Lopez.

Higgins said the police have never targeted black citizens and that he does not believe Lopez issued orders for officers to do so.

He also denied that Perdue’s hours were cut.

“I think Mr. Perdue was allowed to work the shifts that he wanted to work,” said Higgins. “When it could be done, it was done.

“When it couldn’t be, it couldn’t be,” he added. “The suit itself has no merit.

“As the employer, we have the right to direct the employee to work when we need them to work, not when they want to work.”



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Leavitt had worked at Gauley Bridge in Fayette County as a police officer prior to his employment at MPD.

Gauley Bridge City Recorder Stephanie Fout reported that Leavitt had worked from Nov. 29, 2006, to Jan. 1, 2007, as a Gauley Bridge police officer.

Gauley Bridge officers work a 90-day probationary period, she said.

Prior to his employment in Fayette County, Leavitt had worked for the Madison Police Department in Boone County, according to Madison City Recorder Will Rowley.

Rowley said Leavitt had resigned prior to the end of a six-month probation period.

He declined to comment on why Leavitt resigned, citing legal guidelines.

— E-mail:

jfarrish@register-herald.com