Henderson preparing to settle lawsuit

Thursday, Dec. 29, 2005 | 8:07 a.m.

Henderson is preparing to settle a federal lawsuit filed by a former custodian who claims he was fired because he's black and because he complained about a supervisor.

The city attorney's office has recommended the City Council on Tuesday approve a $35,000 settlement with North Las Vegas resident Arbrey Lucas rather than risk going to court and pay much more if a jury rules in his favor.

A tentative settlement was reached earlier this month after both sides met with a federal magistrate to discuss the strengths and weaknesses of the case, city officials said.

If Lucas prevailed, the city would be liable for $75,000 to $100,000 in back pay and retirement contributions and he could recover up to $300,000 in compensatory damages for mental anguish and emotional distress, according to Assistant City Attorney Dave Hintzman. The city would also have to pay his attorney's fees, likely in excess of $50,000, he said.

The $35,000 the city would spend in a settlement is essentially what Henderson would pay in fees and expenses to defend the case at trial, Hintzman said.

By agreeing to a settlement, the city won't be admitting any wrongdoing or liability, and the city also receives a complete release of all claims from Lucas, Hintzman said. Lucas won't be reinstated in his job, he said.

Lucas was hired by the city in February 2000 with a one-year probationary period and was dismissed in March 2001, with the city citing his performance and the lack of a good working relationship with a supervisor, Hintzman said.

Lucas filed a lawsuit in U.S. District Court alleging racial discrimination and retaliation because he had filed a complaint with the city's human resource department claiming he was being watched more closely than other employees and was given poor work assignments, Hintzman said.

The federal court dismissed the claim involving racial discrimination but allowed the case to proceed based on the claim of retaliation, he said.

Brian Wargo can be reached at 259-4011 or at wargo@lasvegassun.com.