Black detective fired after his drug test came back positive for marijuana says test was botched, NYPD fired him due to race

Cecil Waithesays the city has "a long history of performing flawed and unfair investigations" of black male police officers. (Gary Hershorn/Reuters/REUTERS)

BY Victoria Bekiempis

An African-American detective was fired after 30 years with the NYPD because the department falsely claimed he failed a drug test — and that the decision to terminate him was largely based on his race, a new lawsuit alleges.

After Cecil Waithe was promoted to detective first grade in January 2014, he took a drug test on March 18, 2014, which was a requirement of his promotion.

"During the March 18th drug screening the Drug Screening Unit examiner committed a number of errors and when the test results were obtained CW had tested positive for marijuana," the lawsuit, filed Monday in Manhattan federal court, alleges.

A subsequent departmental drug test on March 28, 2014, was negative — but "that second sample was destroyed by police personnel in the Drug Testing Unit," the suit charges.

Internal Affairs took Waithe's badge and gun on March 30, 2014, so he went to an independent drug testing service on April 1 and April 4, 2014 — which twice yielded negative results from urine, blood, and hair samples.

After a departmental hearing on March 24 2015, the Deputy Commissioner of Trials ruled against him — ignoring the samples that tested negative.

A witness for the NYPD did testify in that hearing that he was a routine pot user, again despite the negative tests.

Commissioner Bill Bratton signed off on Waithe's termination on Oct. 9, he claims.
Waithe, 57, maintains the department has "a long history of discriminating against its African-American male police officers. And that he has witnessed white officers retain their employment even after arrest for serious criminal offenses and/or other infractions."

"[Waithe] alleges that defendant City through its agents have a long history of performing flawed and unfair investigations whenever African-American male police officers complain about false allegations being lodged against them by NYPD."

Asked about the lawsuit, the department said "The NYPD does not discriminate against anyone."

A spokesman for the city Law Department said "We're not going to comment before all the facts are in, or before we've had a chance to review the complaint."

"It's unfortunate that we find ourselves in this position. Detective Waithe was a highly decorated member of the New York city Police Department and had extensive training — in fact he trained other officers," said his lawyer, William T. Martin.

"We don't know what's going on and we know that whatever happened, he lost his job. We look forward to his day in court."