New London — City officials have asked the FBI to investigate police Sgt. Cornelius Rodgers' complaint that somebody from within the New London Police Department put pepper spray in the air ducts of his personal car on June 6, after Rodgers' allegation of institutional racism within the force was published in The Day.

City attorney Jeffrey T. Londregan wrote to Rodgers' attorney, Jacques J. Parenteau, on Wednesday to say that the city is honoring Parenteau's request to reach out to the FBI to conduct the investigation. Londregan wrote that the city had placed a call to the FBI field office in New London to request that the agency investigate and would notify Parenteau of the response.

Londregan was responding on behalf of the city after Parenteau wrote to Mayor Michael Passero three times within a week asking him to address "an ongoing pattern of discrimination" against Rodgers, who is black, and to ask what the city would do to protect Rodgers from retaliation.

Rodgers is pursuing a legal claim that he was investigated more intensively and punished more harshly than white officers when he received a 20-day suspension for punching a man in the Waterford Police Department's holding cell. Rodgers said he struck the man, who had one hand cuffed to a wall, in defense of himself and another officer because he thought the man had a knife. 

Rodgers is grieving his suspension through the union, pursuing a claim of disparate treatment through the Connecticut Commission on Human Rights and Opportunities, and eventually intends to file a lawsuit in federal court. Attorney Parenteau cites as an example of discrimination a recent use-of-force investigation in which police union President Todd Lynch, a white man, was cleared of wrongdoing after punching a prisoner in the face in the city's holding area. The investigation was conducted by the union's vice president, Officer Charles Flynn, and reviewed up the chain of command. 

The city has hired an outside attorney, Paula Anthony, to investigate Rodgers' claim.

Rodgers said that after working a 12-hour shift June 6, during which thousands of people marched on city streets in a Black Lives Matter protest, he was overcome after turning on his car and switching on the air conditioner, and he recognized his symptoms — watery eyes, uncontrollable coughing and gagging — as those of somebody who had been sprayed with oleoresin capsicum, which is commonly referred to as pepper spray and is used by police to control suspects.

He said he pulled over near 150 Broad St., exited the car and began dry-heaving. He called a sergeant and lieutenant, but by the time Sgt. Joshua Bergeson arrived approximately five minutes later, Bergeson could not smell what had caused the "violent reaction." Rodgers wrote in a report of the incident to Lt. Matthew Galante on Sunday that he believed someone sprayed the solution into the air ducts on top of his hood, and that the recent heavy rain may have diluted the effect of the pepper spray and that by leaving his windows open and the air conditioner running, it dissipated before Bergeson arrived.

Police Capt. Brian Wright said Tuesday that the department initiated a criminal investigation after Wright contacted the New London state's attorney's office to ask whether an outside agency should investigate, and was told the matter would best be investigated internally.

In his June 10 letter to Rodgers' attorney, Londregan directed Parenteau to cease having direct contact with the city, citing the pending litigation, and to communicate directly to Londregan's law firm. He wrote that Parenteau should not read anything into Passero's silence.

"The Mayor and the City take your client's allegations very seriously, as indicated by the fact that they first reached out to the State's Attorney, and are now engaging the FBI to investigate," Londregan wrote.

Parenteau wrote back to Londregan on Friday, saying the city still had not responded to the ongoing pattern of racial discrimination and retaliation against Rodgers, nor the question about how it is going to protect Rodgers from retaliation.

Parenteau stated that in directing him and Rodgers to cease contacting city officials, Londregan was violating their First Amendment right to petition the government for redress of grievances, and was therefore in violation of the state and federal constitutions.

Parenteau sent copies of the letter to state Sen. Gary Winfield, a longtime advocate of police accountability, and to local leaders of the NAACP.

k.florin@theday.com