New London — An investigator hired by the city has determined there is “insufficient evidence” to support claims by a Black New London police officer that he has been the target of racially discriminatory treatment.

The findings are part of an eight-page summary of an investigation conducted by attorney Paula Anthony into allegations made by Sgt. Cornelius Rodgers.

The report released by the city on Friday also concludes there is insufficient evidence to support allegations of disparate treatment by Chief Peter Reichard, Lt. Robert Pickett or Capt. Todd Bergeson, all of whom were named in Rodgers’ complaint.

Rodgers filed a federal civil rights lawsuit against the city last month that alleges he has throughout his career been the target of unfair discipline, biased investigations by white supervisors and more recently retaliated against for speaking out. Some of those allegations are being handled by a different attorney and not part of Anthony’s investigation.

Rodgers was unaware the investigator’s report had been issued when contacted by The Day on Friday evening. After reading it, he called the report a work of fiction and said, “I checked Amazon to see if (Anthony) had written any other creative stories.”

“What she said was there was insufficient evidence. There’s evidence but not enough evidence in her mind. I guess unless you make a racial epithet or hang a noose in someone’s locker, its not racial,” Rodgers said.

Rodgers first made his complaints public early in 2020, prior to receiving a 20-day suspension for punching a handcuffed prisoner in 2019. An investigation by Pickett found the use of force was not justified because there was no imminent threat posed by the prisoner, who was handcuffed to a wall inside the Waterford Police Department.

Rodgers alleges the investigation into his actions — which he argues were self-defense — was biased and part of a pattern at the department, particularly with Pickett, with whom he’s had a fractious relationship over the past few years. Rodgers said he thought the prisoner may have been within reach of a pocketknife.

Rodgers claims the 20-day suspension was overly harsh compared to punishment of white officers, citing the seven-day suspension of New London police Officer Deana Nott for striking a handcuffed prisoner in the back of a cruiser in 2016. Nott additionally was convicted of a misdemeanor in the incident and placed on probation.

Anthony said Reichard, in issuing his discipline, had factored in Rodgers’ lengthy disciplinary history, which had included his signing of a last chance agreement in lieu of a possible firing for previous incidents in which he was disciplined.

“Comparison of discipline of other officers for use of force incidents cannot be made in a vacuum, without knowledge of the specific facts and circumstances or the officer’s prior disciplinary history,” Anthony wrote. “Except for the Chief, none of the witnesses were privy to the details of other cases, including any mitigating circumstances or attendant legal issues involved in making such decisions.”

Anthony said in the report said Reichard had provided evidence of significant suspensions of white officers for other offenses.

Anthony also noted that while some witnesses interviewed felt the matter “was handled differently or even unfairly, none of the witnesses were able to provide any objective information or evidence to support a conclusion that Rodgers was treated differently because of his race.”

Anthony noted in her report that she made two unsuccessful attempts to interview Rodgers for her investigation. Rodgers, through his attorney Jacques Parenteau, agreed to written questions. Anthony declined. Rodgers said Friday that the city would not let him have his lawyer present during questioning, only a union representative.

“That was a red flag,” Rodgers said, especially in light of his disagreements with union leadership.

Instead, Anthony relied on interviews with witnesses at the department, a review of records and Rodgers’ disciplinary history at the department, focusing on the time period between 2016 and 2020 under Chief Peter Reichard.

Other incidents cited by Rodgers as evidence of bias included a request while he was working as a detective to not wear Timberland-style work boots. He said they were similar to those worn by white detectives. Reichard, when questioned by the investigator, said his issue had been not with the boots but with Rodgers instituting a “flannel Friday,” which he thought was inappropriate.

Rodgers was docked 10 vacation days for an altercation with a Norwich police officer in 2017, in which there was some pushing. Reichard determined Rodgers had violated the city’s workplace violence policy. Rodgers claimed he was pushed and that no discipline was recommended by his supervisor.

Not taken up in the investigation are Rodgers’ claims of retaliation and systemic racism included in two separate complaints filed with the state Commission on Human Rights and Opportunities.

Rodgers alleges that after speaking out about racism at the department, his personal vehicle was vandalized with pepper spray applied to the air ducts. An internal investigation at the department was inconclusive.

Rodgers also alleges he was unfairly sidelined from the latest round of promotions despite scoring high on the lieutenant’s exam. The city dropped his score and took him out of contention for a promotion due to a clause in the union contract that penalizes an officer for past discipline. Rodgers has argued it was a rule never previously used to block a promotion.

“They continue to treat me like a second-class citizen and there needs to be a culture change and it needs to happen soon,” Rodgers said. “It’s hard to go to work when I know my chief doesn’t support me and treats me differently than everyone else and then lies.”

Reichard and Bergeson, both interviewed during the investigation, denied any animus toward Rodgers, “race-based or otherwise.”

The report issued by the city was the subject of a special closed-door meeting of the City Council on Friday.

“The city issued a legislative resolution last year identifying (racism) as a public health crisis,” Anthony wrote in her summary. “The City has been working with the NAACP since 2009 to address some of these issues, but it would be naive to think that there do not continue to be racial injustices in policing, both internal and external.”

g.smith@theday.com