Hiring lawsuit against Macomb Co. and Prosecutor Lucido dismissed

(WWJ) - A federal lawsuit that was filed against both Macomb County and Prosecutor Peter Lucido was voluntarily dismissed “with prejudice,” according to a press release from the Prosecutor’s Office Friday afternoon.

A lawsuit being dismissed with prejudice means that it cannot be refiled.

The lawsuit was filed by an applicant who said he was not chosen for one of three open assistant prosecuting attorney positions due to ‘“perceptions’ regarding his ‘sexual orientation and disability,’” the press release said. “The records regarding the hiring decision conclusively demonstrated that these allegations were unfounded.”

According to the press release, Lucido has been committed to increasing inclusivity and diversity in the Prosecutor’s Office. "We are committed to building a diverse and inclusive team to prosecute crimes and reflect the community we serve," Lucido said.

More than half of the assistant prosecutor positions for the county have been filled by women since 2021.

Decisions on hiring were determined by averaging the scores given to the applicants by Lucido and the human resources specialist, according to the statement. The total score resulted in a tie between two applicants, including the one who filed the lawsuit, for third, which was “broken by the alphabetic order of the candidates’ last names.”

The scores were determined by each applicant’s “credentials, merits and verbal skills.”

The applicant’s attorney filed a motion to withdraw from the lawsuit following orders from the United States District Court, one of which limited “discovery to the hiring decision and the specific allegations set forth in the Complaint,” the press release said. “Thereafter, the court issued a second order compelling the candidate to produce his prior employment records which would support his credentials for the position.”

The applicant agreed to dismiss the case after the motion was filed by his attorney.