The city of Fresno worker whose racial epithets helped lead to a $15.4 million verdict could cost the city even more as another civil lawsuit progresses in federal court.

Code enforcement officer Howard Lacy, who GV Wire has learned still works for the city, was arrested in 2022 for misdemeanor assault while allegedly on duty, according to a federal lawsuit against him and the city.

Fresno police confirmed Lacy’s arrest but said that further details would require a public records act request. GV Wire has submitted the PRA request and is still awaiting the city’s response.

At the March 26 Fresno City Council meeting, homeless advocate Dez Martinez told councilmembers that she had warned the city administration about Lacy after she said he attacked her at a homeless camp before a nearby police officer stopped him and arrested him.

“You guys are getting sued for $15 million because he called somebody a derogatory name, what the f— are you going to do for me because he put his f—ing hands on me, got arrested, and you guys didn’t even charge him,” Martinez said during public comment at the council meeting.

Earlier in March, a federal jury sided with plaintiffs in a separate lawsuit that named Lacy and accused him of using a racial slur against a co-worker and also accused the city of racial discrimination. The jury awarded $15.4 million to the plaintiffs.

Martinez sued the city and Lacy in 2024 for assault. That lawsuit remains active.

Lacy declined to comment Thursday. The Fresno City Attorney’s office declined to comment on pending litigation.

Martinez’s Lawsuit Against Lacy, City Allowed to Move Forward

The lawsuit says that on Jan. 4, 2022, Martinez went to an encampment near Kings Canyon and Clovis avenues to record what attorneys called “blatantly unlawful” destruction of property. Martinez regularly advocates for homeless rights.

While she was recording for social media, the lawsuit states Lacy attacked her, “using unreasonable and unnecessary force.” The lawsuit also alleges excessive force from police officers at other dates following Martinez’s attempts to document interactions between police officers and homeless individuals.

The Fresno County District Attorney declined to file criminal charges against Lacy after evaluating the available evidence, according to a spokesperson with the office. The spokesperson said the matter was found to be civil in nature “and did not meet the legal standard for prosecution.”

Attorney Kevin Little, representing Martinez, said the actions violated her First Amendment rights.

A federal court on March 23 allowed portions of the lawsuit, including the excessive force allegation against Lacy and other police officers named in the lawsuit, to move forward. The court sided with the city’s request to dismiss several of the lawsuit’s claims, including a claim filed on behalf of another homeless individual.

A case conference is scheduled for Oct. 8.

Lacy’s Actions Cost the City $15.4 Million in Separate Case

The March 23 ruling comes only two weeks after a jury awarded two plaintiffs $15.4 million in the earlier lawsuit against the city and Lacy.

A jury agreed with two city workers who said that the city discriminated against La-Kebbia “Kiki” Wilson because of her race. The two workers said Lacy used a derogatory racial slur against Wilson, who is Black, and then the city retaliated against her.

The city may appeal that decision. But attorney Gary Goyette, who represents the Fresno City Employees Association, said that could prove even costlier for the city in the long run. A judge would likely take more than a year to return post-trial motion rulings, and over that time interest on the award amount would accrue by $45,000 a month, Goyette told GV Wire.