Michael Whaley v. Lewis Schiliro

OPINION *

SCIRICA, Circuit Judge.

This is an action alleging race discrimination and retaliation. Appellants Michael Whaley and Valerie Robinson, both African-American, were Delaware State Police officers. After an investigation conducted by the Delaware Division of State Police uncovered evidence they fraudulently overstated the number of hours worked, Wha-ley and Robinson were charged with theft by false pretense and official misconduct, misdemeanor charges to which they pled guilty. Subsequently the officers filed suit against Michael Schiliro, the Delaware Secretary of Homeland Safety and…