A federal judge on Wednesday dismissed some of the claims brought by the former police chief of the Regional Transportation District in his employment discrimination lawsuit.

Joel Fitzgerald Sr. led RTD’s police department after his August 2022 hiring until his termination in September 2024. Fitzgerald alleged his successes in transforming the department were overshadowed by the racial animus he and other Black employees faced from White agency workers.

He specifically alleged:

• He was subjected to “unprofessional outbursts” in leadership meetings

• His deputy chief and the police union president encouraged White officers to submit false allegations about him

• White employees “continuously questioned” the qualifications of Fitzgerald and Black officers

• White officers treated their Black coworkers and supervisors with disrespect

In May 2024, White employees filed an anonymous complaint allegedly in retaliation for Fitzgerald initiating an internal affairs investigation based on a prior, separate complaint. Despite an alleged assurance from RTD’s CEO and general manager, Debra A. Johnson, that the ensuing outside investigation into Fitzgerald was meritless, she ended up firing him months later.

Her letter cited substantiated instances of Fitzgerald speeding in his RTD vehicle, making improper spending decisions and refusing to use a body-worn camera, among other things.

“The investigator noted that you are a leader who sees yourself, and possibly the Police Department, as above policy,” Johnson wrote.

Fitzgerald sued the agency, alleging it discriminated against him on the basis of race by singling him out for investigation and terminating him for “alleged infractions for which White officers had not historically been disciplined.” He disputed the accuracy of the investigation’s conclusions and claimed he experienced a hostile work environment at RTD.

In April, Fitzgerald withdrew two of his breach of contract claims. RTD then moved to dismiss two additional claims. The agency noted Fitzgerald’s workplace discrimination claim under the Civil Rights Act was, by his own admission, being “presently” investigated by the U.S. Equal Employment Opportunity Commission and was not yet ready for adjudication.

As for the claim that RTD violated Fitzgerald’s right to due process in terminating him, the agency argued Fitzgerald was an at-will employee who did not have a legally protected interest in keeping his job until certain procedures were satisfied.

In response, Fitzgerald cited an RTD policy describing procedures by which “the Chief of Police … shall have the authority” to fire people. Additionally, Johnson allegedly promised Fitzgerald a five-year contract when she hired him, although that term appeared nowhere in his actual contract.

In an Aug. 6 order, U.S. District Court Judge Charlotte N. Sweeney agreed Fitzgerald had not shown he had a protected interest in keeping his job in the absence of specific termination procedures. She noted the policy Fitzgerald cited did not even apply to him and Johnson’s representation of a five-year contract did not override his actual contract.

“And Plaintiff does not dispute the validity of this contract. Therefore, there is an express contract which does not include a five-year term,” wrote Sweeney, a former employment discrimination attorney.

She also dismissed Fitzgerald’s Civil Rights Act claim, permitting him to refile it once the Equal Employment Opportunity Commission processes his complaint.

The case is Fitzgerald v. Regional Transportation District.