Nelson Gonzalez, a former police officer, has filed a lawsuit against the Town of Southampton and two of its police department officials, alleging racial discrimination and retaliation. The complaint was filed on October 1, 2024, in the United States District Court for the Eastern District of New York by Gonzalez's attorneys from Famighetti & Weinick, PLLC. The defendants named in the case are the Town of Southampton, Police Chief James Kiernan, and Lieutenant Todd Spencer.
Gonzalez's legal battle began with his allegations that he faced a hostile work environment due to his Argentinian descent while working at the Southampton Police Department. He claims that since joining the department in 1999 as its first-generation Latino officer with a noticeable accent, he has been subjected to derogatory remarks and discriminatory practices. Specifically, Gonzalez accuses Lieutenant Todd Spencer of repeatedly using racial slurs against him and belittling his national origin.
In March 2023, Gonzalez took formal action by filing a Charge of Discrimination with the New York State Division of Human Rights. The Division found probable cause to believe that discrimination had occurred but later dismissed the charge for administrative convenience, allowing Gonzalez to pursue federal litigation.
The lawsuit outlines several incidents where Gonzalez alleges he was unfairly targeted or retaliated against for opposing discriminatory practices. These include being unjustly disciplined for alleged insubordination and misconduct, being denied training opportunities that could have advanced his career, and facing obstacles when applying for promotions within the department. Notably, Gonzalez claims that after filing a notice of claim indicating his intent to sue over these issues in April 2022, he was further retaliated against by being denied Field Training Officer training—a decision allegedly influenced by Captain James Kiernan.
Gonzalez is seeking compensatory damages for emotional distress and lost wages among other reliefs. He also demands punitive damages against individual defendants Kiernan and Spencer for their alleged roles in perpetuating discrimination and retaliation. The complaint emphasizes violations under several statutes including 42 U.S.C. § 1983 for civil rights infringements and New York State Human Rights Law.
Representing Nelson Gonzalez is attorney Matthew Weinick from Famighetti & Weinick PLLC. The defendants are represented by Cynthia Augello from Augello Law Group P.C., along with Joshua S. Shteierman and Michaela M. Weidtman from Volz & Vigliotta PLLC. The case ID is Civil Action No.: 24-6940.