Texas DPS lawsuit: Jury awards nearly $1.7M to 2 state troopers

AUSTIN, Texas - A federal jury has awarded nearly $1.7 million to two state troopers after finding that the Texas Department of Public Safety racially discriminated against them.

The backstory:

The nearly $1.7 million verdict was centered on claims of unequal treatment, retaliation, and a racially hostile work environment inside Texas DPS.

The lawsuit was brought by Jerald Sams and Jari McPhereson, both African American troopers who say they were repeatedly passed over, discouraged, and punished because of their race.

Sams filed suit back in 2020, alleging unlawful discrimination and retaliation after applying for a mounted patrol sergeant position.

"He was a corporal, and he was managing and running that entire unit. He led more than 400 details where troops were mounted on horses," National Black State Troopers Coalition General Counsel Leonard Mungo said.

Mungo said Sams wrote the Standard Operating Procedures for the Texas DPS Mounted Unit, yet was denied a promotion.

"He was prevented from being promoted to sergeant over the mounted unit, although he was the absolute best qualified to do so," Mungo said.

The second plaintiff, McPherson, claimed he was treated less favorably than white coworkers, receiving harsher evaluations, disciplinary action, and being denied an agency vehicle and a squad position that went to a less-qualified white trooper.

"He served in the Criminal Investigation Division and was denied transfers into a unit that was primarily responsible for doing what he was best trained to do," Mungo said.

The Austin jury awarded a combined more than $1.6 million.

"When they are shortchanged, held back, unjustly criticized and punished, held to standards that no one else is held to, all because of characteristics that they have no ability to change, that they're not responsible for possessing, it attacks a person to the core of who they are, to the core of their soul," Mungo said.

Mungo said the verdict validates their claims that Texas DPS had a pattern or practice of racial discrimination.

"I believe that we're going to be better served as a result of this particular verdict because it has spoken very loudly and very clearly that the Texas Department of Public Safety does harbor within its agency a customs policy and practice of racism," Mungo said.

"So Texas DPS can expect some more lawsuits?" FOX 7 Austin Crime Watch reporter Meredith Aldis asked Mungo.

"Yes," Mungo replied.

He said Texas DPS doesn’t stand alone. He said his analysis of other state agencies nationwide shows a pattern of institutional racism. He said he hopes this verdict forces change across the board.

"If we can attack and dismantle institutional racism Mrs. Aldis, it's going to have a spillover effect on disability bias, gender bias, nationality bias," Mungo said.

Sams has retired and McPherson is still with the department.

Texas DPS said they do not discuss pending litigation.