Jurors find for SH in former park caretakers’ lawsuit

A federal jury has found in favor of the City of Sweet Home in a lawsuit filed by former Sankey Park caretakers Timothy and Esther Piety in federal district court in Eugene.

The Pietys claimed they were victims of racial harassment and intimidation during the time they were employed, from Jan. 15, 2009 to Aug. 31, 2010. They alleged that police failed to arrive when Timothy Piety called for help, and then despite a positive witness identification, the police brought no charges in one incident.

They claimed employment discrimination based on race and their interracial marriage, employment retaliation based on their termination allegedly following complaints to the city about racial discrimination and harassment and a hostile work environment at Sankey Park, where the city allegedly failed to take effective remedial measures to end the alleged racial harassment.

The Pietys also sued the city over wages, and the city settled with the Pietys for $20,000.

“We’re just glad it’s resolved and all parties involved are able to move forward without this matter lingering as it has for four years,” said City Manager Craig Martin of the verdict, handed down June 5.

“The evidence was clear that the city management had attempted to work with the Pietys to be successful in their role as caretakers, but ultimately could not satisfy the Pietys,” said Gerald L. Warran in a memo to the city manager. “The decisions of city management were affirmed by the unanimous federal jury.”

Ultimately, Timothy Piety submitted a written complaint to the Police Department, and three days later, his contract was terminated. The couple contended that they were terminated in retaliation for their complaints to the city and the Police Department.

Timothy Piety is African American. Esther Piety is Caucasian.

Timothy Piety had reported several apparently connected incidents to the police while he lived and worked at Sankey Park. According to the Pietys, once the offenders realized the police did not intend to arrest them, the racial harassment and intimidation increased.

The complaint to the Police Department outlined numerous offenses against the Pietys, from teenagers creating walking roadblocks and a burglary to two “assault-type events,” to one of which no officer ever arrived. Other listed complaints included teens throwing fruit at the Pietys’ children and BB guns fired at Timothy Piety.

Sweet Home Police Department recorded approximately 119 incidents involving Timothy Piety during his tenure as caretaker. He was the complainant in most of them, according to retired Police Chief Bob Burford.

The Pietys filed a lawsuit against the city in September 2011.

The wage complaint had been related to the way the city compensated parks caretakers. The city provided housing to caretakers at Sankey Park in exchange for their work in the parks.

The Pietys had claimed that city owed them wages for their work as caretakers.

Following the settlement, the city changed the employment relationship between the city and the current caretaker to avoid future wage claims of this type.

The settlement included $11,000 to the Pietys plus $4,000 in penalty wages and $5,000 in attorneys fees.

“It had been working,” Martin said then. “We had no reason to realize it wasn’t working. When it came to our attention, we corrected it.”

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