LOUISVILLE, Ky. (WDRB) -- He has served more than 30 years in law enforcement, from stints at the Covington Police Department to a U.S. Department of Justice police trainer in Iraq.
But when Danny Jackson came back to Kentucky in 2022 to work as an officer for the Radcliff Police Department, he had to re-qualify at the state's criminal justice academy in Richmond, just as he had done when he first began his career in 1989.
However, this time, Jackson was dismissed from the academy and told he was "unsafe on the range" and had "failed," according to a discrimination lawsuit filed in Franklin Circuit Court last week against Kentucky state government.
The suit from Jackson, who was born with two fingers on one hand and one on the other, marks the second such case alleging that the academy discriminated against recruits during the four years former Commissioner Nicolai Jilek was in charge from 2020-24.
Danny Jackson during his career with the United Nations.
"It was degrading, humiliating," Jackson said in an interview with WDRB News this week. "I've trained with so many weapons overseas ... and I have never ever been called unsafe or ever failed to qualify with any weapon I used."
Jilek, now a major commanding the Louisville Metro Police Department's training division, is not a defendant in the lawsuit. He has declined comment, referring WDRB to attorneys for the state Justice and Public Safety Cabinet.
Jackson's lawsuit accuses Jilek of refusing to allow him to continue his training because of his disability. Court records say when Jackson went to a training officer to explain how he is able to fire and handle his weapon, he was not allowed to show the trainer.
"He is the one responsible for the training," Jackson said of Jilek. "The buck stops at his desk."
Last month, a judge agreed another officer, Chance Anthony, was discriminated against in 2020 by Jilek and the training academy could not win the case "under any circumstances."
A spokesperson for LMPD declined to comment on the pending litigation.
"Major Jilek's status within LMPD has not changed," according to a statement from police.
A spokesperson for the Justice and Public Safety Cabinet said they have not yet seen the latest lawsuit and are "committed to providing exceptional law enforcement training that enhances public and officer safety."
The statement also said the cabinet disagreed with the judge's decision in the Chance Anthony lawsuit.
In his interview, Jackson said of Jilek, "All I say is: Good luck, LMPD. I hope it works for you. I wouldn't want to be a recruit under him — not with a disability."
Jackson didn't give up after being told he failed, as officers are allowed to retake the training within a year.
"I had ... months of stress, anxiety," he said. "Are they going to let me qualify or is it going to be the same thing all over again?"
Jackson understands the skepticism some might have because of his disability but said his record has proven he can do anything other officers can do, with certain accommodations, and excel.
Danny Jackson during his career with the United Nations.
Over the course of his career, he has worked for the Louisville jail, spent 16 years as a Covington officer, deployed overseas with the United Nations as an International Peace officer and served with the U.S. defense, state and justice departments, among other jobs, according to his resume included in court records.
"Because my hands are different, they can't put themselves in my position," he said. "I understand that. But I tie my shoes differently. I button my shirt differently. I do everything differently. I have to. I'm adapting to the world around me."
When he came back for a second chance at the academy, he said he provided Jilek and the training director a letter reminding them of the Americans with Disabilities Act. This time, he completed his training and passed, scoring a 92 out of 100 on the shooting range.
While he is back working in Radcliff, Jackson said he was embarrassed and furious when told he couldn't perform a job he had already been doing for about 32 years — and doesn't want others treated like he and Anthony were.
He said he was retired living in Florida when he heard what happened to Anthony.
"I was pissed. I was angry," he said. "I reached out to Chance to let him know he's not the first ... and someone (with a disability) has already been through the academy."
First case awaiting damages
In Anthony's case, a state court judge in Frankfort already has granted summary judgment, meaning a trial isn't needed because the evidence of discrimination is overwhelming.
Now, a jury will only need to determine how much money the state will have to pay. No trial date has been set. Anthony and his attorneys are asking for $25 million, according to court records.
Anthony was born without the portion of his right arm below the elbow. He majored in criminal justice in college and the city of Leitchfield hired him as a police recruit in 2019. Despite passing tests and being listed as a graduate on the training academy's computer, Jilek claimed Anthony failed due to his handicap, the judge wrote in his order.
"The record provides ample illustrations that lead to the conclusion that (Anthony) was discriminated against on the basis of his disability," Wingate ruled.
In fact, the ruling says Anthony "passed various graded tests that Commissioner Jilek claimed he failed due to his handicap."
In that lawsuit, Anthony and his attorneys accuse Jilek of committing crimes by ordering officials to change his testing scores and keep him from graduating. An email thread and affidavit from another training official back up the allegations against Jilek.
Roy Jude, who was assistant director of the training division when Anthony was there, said in an affidavit in court records that Anthony "excelled" at all the tasks and Jilek caused his graduation status to be "altered falsely" to indicate that Anthony had failed.
There is no indication Jilek or anyone with the academy is under investigation.
Anthony's status was changed from "graduate" to "departed/failure" despite ranking near the top of his class just after Jilek took over as commissioner in 2020, according to court records, interviews and testimony in the lawsuit.
Attorneys for the state asked the judge to reconsider his ruling. That request was denied this week.
Asked if he believed there was a pattern of discrimination under Jilek at the academy, attorney Thomas Clay, who represents both men, said "there is a common thread that runs through both of these cases.
"He has no business training anybody," Clay said.
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