   On   July    29,   1991,    he    filed    an   administrative

complaint with the Equal Employment Opportunity Commission ("EEOC")

alleging that he resigned because of disparate treatment in job

assignments during his period of employment.                  He also accused the

Department of refusing to rehire him because of his race.                      After

receiving a right to sue letter from the EEOC, Richardson commenced

this action in the district court against the City and the Chief of

Police, Thomas W. McDonald.           He alleged in deposition testimony

that his resignation amounted to a constructive discharge because

it stemmed from the denial of opportunities for advancement while

employed by the City, as well as racial slurs directed at him by a

fellow officer and general hostility within the Department toward

black citizens.     He also claimed that he was not restored to his

former position with the Department on account of his race and


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because      he   complained