Federal discrimination, slander lawsuit against Macomb County, prosecutor dismissed

A federal lawsuit filed against Macomb County and its prosecutor by a job candidate who alleged unlawful discrimination and slander has been dismissed with prejudice.

Benjamin Deneweth, a former assistant prosecutor in Wayne County, sued Macomb County and Prosecutor Peter Lucido last summer in U.S. District Court. Deneweth applied for an assistant prosecutor job in Macomb in July 2021, when three positions were available and later filled, according to his lawsuit.

The case was dismissed with prejudice, meaning it cannot be refiled, according to an agreement for dismissal by all parties and an order dated Aug. 14 in federal court. Each party will bear its own costs and attorneys' fees, according to court records. The records don't provide a reason for the dismissal.

Lucido's office stated in a news release the dismissal "underscores the fair, and professional hiring process implemented" since Lucido took office in January 2021.

"We are committed to building a diverse and inclusive team to prosecute crimes and reflect the community we serve," he stated in his office's release.

Lucido has said he did not discriminate against Deneweth and that Deneweth didn't score as high as other candidates.

County Corporation Counsel John Schapka said Monday: "I have no idea why (Deneweth) decided to dismiss the action. That is a matter between plaintiff and his counsel. But I was happy to take advantage of the offer of dismissal."

Messages were left for Deneweth's attorney, Shawn Desai, on Monday.

On Aug. 8, Desai filed a motion for an order permitting withdrawal as counsel of record in the matter. The basis for withdrawal was "a substantial breakdown in the attorney-client relationship and communications has occurred, making it untenable for counsel to continue representation in this matter," according to the motion.

It stated Deneweth concurred in Desai's withdrawal, but it didn't elaborate.

In his lawsuit, Deneweth stated he interviewed with Lucido and a human resources employee in July 2021 and that Lucido unlawfully asked "suggestive, inappropriate and discriminatory questions including, 'Do you have a family?'" Deneweth answered that he was single. Lucido also commented on Deneweth's residency in Ferndale, stating that his wife gets pizza there, according to the complaint.

Subsequent to the interview, it alleged, Lucido made comments about Deneweth to a least two Macomb County assistant prosecutors and his comments "indicated that he perceived Plaintiff as homosexual due to Plaintiff's living arrangements, and, as a result, an undesirable candidate."

Deneweth was rejected for the position in August 2021 and learned Lucido hired three former workers from the Wayne County Prosecutor's Office. Deneweth claimed at least two had "significantly less experience and/or qualifications" and at least two had a different marital status than he did.

A former Macomb County assistant prosecutor signed an affidavit with the lawsuit stating he attended a meeting in 2021 where Lucido recalled the interviews with job applicants from Wayne County and described Deneweth as being "off" and "odd."

Lucido has stated the human resource specialist who attended the job interview would have reported any inappropriate comments. Each applicant was numerically rated by Lucido and the human resources specialist and the applicants with the highest combined scores were hired, Lucido said.

Deneweth won the same rating from Lucido as two other high-rated applicants, while the human resources specialist rated Deneweth lower than three other applicants, according to a prior statement from Lucido's office, which contained applicant scores.

Lucido's office said the scores were averaged applying the county's hiring protocols and Deneweth finished tied for third. The tie was broken by the alphabetic order of the candidates' last names, per the release, which didn't identify Deneweth by name.

It stated the allegations "were unfounded" and that Lucido scored all the candidates on their credentials, merits and verbal skills.

Contact Christina Hall: [email protected]. Follow her on X, formerly Twitter: @challreporter.

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This article originally appeared on Detroit Free Press: Discrimination, slander lawsuit against Macomb prosecutor dismissed