Lawsuit: Blue Ash chief walked on 'tippy-toes,' 'giggling' before suspending officer

A former Blue Ash police officer can continue his hostile work environment case against the city after a recent federal appeals court ruling.

Gary McNeal sued the city of Blue Ash five years ago arguing he was wrongfully fired from the department.

McNeal was terminated after Chief Scott Noel said he failed to use his lights and sirens while responding to a person who wasn't breathing at a local restaurant. The person died. Noel held a press conference announcing the firing. A police sergeant also retired after the incident was investigated.

McNeal, who is being represented by lawyer Zachary Gottesman, said in the suit he was the oldest officer and the only Black officer on the force. He was 61 at the time he was fired. He said he was targeted with severe discipline over minor infractions. Testimony from other officers stated Noel got joy from disciplining McNeal.

"(A) sergeant witnessed Noel 'walking on his tippy-toes' and 'giggling' before issuing McNeal a suspension for a minor policy violation," court documents state.

City attorney argued that McNeal had dozens of policy violations revealed by the investigation following the death at the restaurant. Court documents state McNeal failed to use his microphone 29 times out of the 37 traffic stops he conducted in 2018. He also failed to properly check his in-car camera over 100 times, something he was supposed to do at the start of each shift.

U.S. District Court Judge Michael Barrett granted a summary judgment in the case in favor of Blue Ash and Chief Noel, but McNeal appealed to the Sixth District court.

In the opinion issued Sept. 23, the appeals court said Barrett was correct in his ruling when it came to discrimination, but reversed Barrett's decision on the hostile work environment claims.

"More than a half-dozen officers testified or filed declarations stating that they believed McNeal was singled out for discipline, with some saying they had never seen another officer targeted so heavily," the opinion states.

McNeal was assigned to perform a traffic study, something officers don't normally perform and aren't normally trained to do, court documents state. He was disciplined over speeding and traffic violations.

A different officer testified in McNeal's defense saying that he himself broke traffic laws at work and "an average officer in Blue Ash violated department policy multiple times each shift," the opinion states.

That officer added that if the department levied discipline for each minor policy infraction, the city wouldn’t have any police officers, according to court documents.

The court opinion does not mean that McNeal has won his case. The Sixth Circuit overturned the summary judgment from Judge Barrett. The ruling means that Barrett will now have to hear arguments and allow McLean's case against the Blue Ash to continue – possibly to a jury trial.

The City of Blue Ash issued a statement Monday in response to the Sixth Circuit Court's decision:

“The City of Blue Ash is pleased with the appellate court’s decision affirming the City’s termination of former officer Gary McNeal on most of his claims, though it is disappointed that the court reversed and allowed one claim to proceed. The City has and will continue to contest any claim that it acted unlawfully in this matter.”

This article originally appeared on Cincinnati Enquirer: Lawsuit: Blue Ash chief walked on 'tippy-toes,' 'giggling' before suspending officer