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Federal Judge turns down Champagnes motions

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Gerald Champagne

By Rosemary K. Otzman

Independent Editor

   At a hearing in Federal District Court in Detroit on Monday afternoon Judge Marianne O. Battani turned down two motions brought by the attorney of fired Van Buren Township public safety director Gerald M. Champagne.

   Champagne's attorney Raymond Guzall III asked the court to issue an order of superintending control over the township board's decisions to maintain the termination since, he said, the hearings were tainted.

   Guzall also asked the judge to order the township to put Champagne back to work in his previous position, with full back pay, attorney fees, and costs. She denied that motion, as well, saying Champagne has other remedies.

   VBT Supervisor Paul White said the court session lasted 40 minutes.

   Champagne has asked for a jury trial in his lawsuit against the township, Supervisor White, and Trustee Al Ostrowski claiming civil rights violations. A jury trial is being planned.

   Monday's court appearance was the first time the plaintiff and defendants were in court together in Champagne's lawsuit, which was filed Aug. 3. He is asking $1.1 million.

   Champagne was fired May 27 and then filed an EEOC complaint claiming racial discrimination, because the person approved to serve as interim director after him is African-American. He claims he as a white man was fired so a less-qualified black man could have the job.

   The EEOC issued a right to sue letter to Champagne to file the federal lawsuit.

   Monday's unsuccessful show-cause hearing on the request for superintending control (putting the court in the position of telling the township board what to do) and reinstating Champagne as public safety director was the first of many court sessions to come.

   Now discovery will take place and depositions will be taken, with a deadline of April 30. The next court date will be held in mid May 2010 leading up to the expected jury trial.