Acquitted New Haven Lieutenant Sues City Alleging Race Discrimination in Termination

A Connecticut firefighter who was acquitted of a sexual assault charge has filed suit in federal court against the City of New Haven, alleging that city officials racially discriminated against him.  Lieutenant Keith Norfleet claims the city terminated him before his criminal case was resolved, while white firefighters facing similar criminal allegations were allowed to remain on administrative leave pending the outcome of their cases.

According to the complaint, Lieutenant Norfleet had served with the New Haven Fire Department since 2014 and had no prior disciplinary history. He claims Fire Chief John A. Alston Jr. acknowledged under oath that he had “no issues” with Norfleet before learning he was under criminal investigation. 

The complaint states that in December 2022, a complaint was made to police alleging sexual assault following an incident at a New Haven restaurant and later at Norfleet’s apartment. After an eight-month police investigation, an arrest warrant was issued in August 2023 charging him with first-degree sexual assault. Chief Alston immediately placed him on paid administrative leave. The complaint says that shortly afterward, Alston issued a press release identifying Norfleet by name and rank, stating that he had been placed on leave “pending the outcome of his legal proceedings” and that an internal investigation had been opened. According to the suit, the New Haven Police Department issued a coordinated release the same day, resulting in widespread local media coverage. 

Lt. Norfleet alleges the press release was unprecedented. The complaint states that Chief Alston testified he could not identify another instance in department history where a press release had been issued concerning a firefighter’s arrest, and alleges that several white firefighters facing criminal charges—including one charged with sexual assault during divorce proceedings—received no similar public disclosure. 

A major part of the lawsuit focuses on three prior arrests of Lt. Norfleet by the Hamden Police Department. Quoting from the complaint:

• After receiving the NHPD Investigation Report on August 31, 2023, Defendant Alston learned that the report referenced three prior Hamden Police Department arrests of Plaintiff: (1) February 2021, for Improper Storage of a Firearm; (2) November 2021, for Disorderly Conduct and Interfering in an Emergency Call; and (3) January 2022, for Disorderly Conduct under domestic violence circumstances.
• All three of these Hamden arrests were dismissed, and the records were ordered erased pursuant to Connecticut General Statute § 54-142a in or about March 2023—five months before Plaintiff’s arrest and more than a year before his termination.

[Note: Strictly speaking, arrests themselves cannot be dismissed; charges or cases can be dismissed, or in the alternative not filed. In either event, the related arrest records can then be erased. The complaint uses “arrests were dismissed” in various places, but it appears it is referring to dismissal of – or perhaps the decision not to bring – the associated charges/cases.]

The complaint alleges that when Chief Alston sought those records, Hamden police advised him in writing that the records had been erased and could not legally be provided. The suit nevertheless alleges that the department relied on references to those arrests contained in police materials and used them to conclude Norfleet had shown a “pattern” of misconduct. 

The internal investigation was conducted by an outside investigator retained by the city. The complaint alleges the investigator conducted no in-person interviews, obtained no sworn statements, did not interview the complaining witness, and relied heavily on police materials. Norfleet declined to participate in questioning while criminal charges were pending, asserting his Fifth Amendment rights on advice of counsel. 

In August 2024, before the criminal case went to trial, the New Haven Board of Fire Commissioners voted unanimously to terminate Norfleet’s employment. The complaint alleges the board acted on Chief Alston’s recommendation and the internal affairs report, and that the termination letter did not specify what conduct supported the disciplinary charges. 

Two months later, after a three-day criminal trial in Connecticut Superior Court, a jury returned a unanimous not guilty verdict on the sexual assault charge. The lawsuit alleges that despite the acquittal, the city refused to reinstate him. 

The complaint also compares Norfleet’s treatment to that of several other firefighters. It alleges that one white firefighter charged in a similar sexual assault matter remained on paid leave through the conclusion of his criminal case and returned to duty after acquittal, while another white firefighter facing one felony and six misdemeanors was allowed to resign instead of being terminated. 

Norfleet’s union challenged the discharge through arbitration. According to the complaint, the arbitration panel upheld the termination by majority vote, but the labor arbitrator dissented, describing the investigation as “a flawed amateurish endeavor” and concluding there was “no justification in the termination of a long-term, promoted, valued employee of the New Haven Fire Department.” 

The federal lawsuit asserts claims under Title VII, 42 U.S.C. § 1983, the Connecticut Fair Employment Practices Act, Connecticut’s Clean Slate law, and related state-law causes of action. Norfleet seeks reinstatement, back pay, pension restoration, damages, and declaratory relief.  Here is a copy of the complaint.