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Did You Know
J.M. v. City of Modesto (2017) – Arbitrator upheld the termination of a Police Officer for excessive force.
G.Z. v. City of Modesto (2013) – Hearing Officer upheld discipline of a public works employee who had difficulty with personal interactions with co-workers.
N.B. v. County of Mariposa (2013) – Arbitrator ruled in the County’s favor in a contract grievance.
S.K. v. City of Dos Palos (2012) – Hearing Officer upheld the termination of a dispatcher for violation of a misdemeanor statute and dishonesty.
M.N. v. City of Madera (2012) – Civil Service Commission upheld the suspension of a police officer who violated the department’s use of force policy.
J.S. v. State Center Community College District (2011) – Arbitrator upheld the suspension of a police sergeant who had difficulty interacting with co-workers.
P.L. v. Stanislaus County (2010) – Panel upheld the suspension.
M.V. v. County of Mariposa (2009) – Arbitrator upheld termination.
A.G. v. City of Modesto (2009) – Arbitrator upheld termination.
Cuevas v. City of Campbell (2015) – The Sixth District Court of Appeal upheld the City’s decision to terminate a police officer.
Scott v. Promesa Behavioral Health (2014) – The Fifth District Court of Appeal affirmed summary judgment for Promesa in a pregnancy discrimination lawsuit.
Keylon v. City of Dos Palos (2014) – The Fifth District Court of Appeal reversed a trial court decision that awarded approximately one year of back pay to a former Dispatcher.
Glynn v. City of Stockton (2017) – Represented the City of Stockton against causes of action for pregnancy/gender discrimination and whistleblower retaliation in Federal District Court for the Eastern District in Sacramento. The jury returned a unanimous defense verdict in favor of the City on both claims, finding that neither Plaintiff’s pregnancy, gender, nor her disclosures of information contributed to the City’s decision to terminate her employment. This case was selected as one of California’s “Top Verdicts” of 2017 by the Daily Journal.
Yates v. Mammoth Community Water District (2016) – Mono County Superior Court sustained the District’s Demurrer without leave to amend in this matter which alleged violations of Section 1983 retaliation, Unfair Business Practices and Malicious Prosecution.
Graff, et al v. City of Tehachapi (2016) – The U.S District Court, Eastern District granted a motion to dismiss the City from all causes of actions (including Section 1983 First Amendment relation and CA Labor Code section 1102.5).
Lopez v. Esparza Enterprises, Inc. (2016) – Kern County Superior Court. The Court granted dismissal of a former employee’s retaliation lawsuit.
Einhaus v. Kern Community College District (2016) – Kern County Superior Court. The Court denied a former employee’s petition for writ of mandate, which requested that the Court require the District to pay the former employee during the pendency of his disciplinary appeal.
Gonzales v. City of McFarland (2014) – U.S. District Court First Amendment retaliation case.
Kasper v. City of Modesto (2014) – U.S. District Court sex and disability discrimination case.
Kennedy v. Kings Mosquito Abatement District (2014) – U.S. District Court race discrimination case.
Vasquez v. City of Coalinga (2014) – Fresno Superior Court disability discrimination case.
Rodriguez v. Kern County (2014) – Kern County Superior Court. The plaintiff voluntarily dismissed this gender discrimination and harassment lawsuit after the County filed a motion for summary judgment.
Johnson v. Lompoc Valley Medical Center (2013) – Santa Barbara County Superior Court. After five days of trial, the Court granted judgment for the Lompoc Valley Medical Center in a disability discrimination and retaliation lawsuit.
Newby v. Fresno Heart Hospital (2011) – Fresno County Superior Court disability discrimination and failure to accommodate case.
Gunn v. Fresno Community Hospital (2011) – Fresno County Superior Court breach of implied contract case.
Peveto v. Fresno Community Hospital (2011) – Fresno County Superior Court case alleging sexual harassment, failure to pay overtime, failure to provide rest periods, failure to pay compensation timely upon severance of employment and unfair business practices.
Noriega v. City of Madera (2011) – State Court. Police officer petitioned the Court for a writ alleging POBR and due process violations. After the writ hearing, the Judge ruled in the City’s favor.
Myers v. City of Madera (2011) – Federal Court. A former police officer filed suit against the City, its Police Department, and several high-ranking officers based on an alleged violation of his civil rights, among other claims. The Court granted the defendants’ motion for judgment on the pleadings, with leave to amend. The Court later granted defendants’ motion to dismiss plaintiff’s first amended complaint, with leave to amend. Plaintiff delayed filing a second amended complaint and the Court granted defendants’ motion to dismiss the entire action.
Powell v. City of Madera (2010) – State Court. Police officer petitioned the Court for a writ seeking to compel the City to make him a permanent Sergeant and alleging POBR violations. After the writ hearing, the Judge ruled in favor of the City and its Police Department.
Lial v. County of Stanislaus (2010) – Federal Court. An employee alleged sexual harassment, disability discrimination, and retaliation against the County and her supervisor. The Court granted the defendants’ motion or summary judgment, and later awarded the County part its attormeys’ fees.
Stamper, et al. v. Kings County (2009) – State Court. Former police officer and his union petitioned the Court for a writ of mandate to overturn his release from probation as a sergeant. He claimed that the County violated his POBR rights by not allowing him to respond to certain memos prepared during his probationary period. The Judge ruled in the County’s favor on all causes of action after the writ hearing.
Creighton v. City of Livingston (2009) – Federal Court. Former employee brought a retaliation suit against the City and its City Manager, claiming the City terminated him because he exercised his free speech rights. Six of the seven claims were dismissed following a motion to dismiss. The decision is published at 628 F.Supp.2d 1199 (E.D.Cal. 2009). Plaintiff re-alleged all but one of the claims in an Amended Complaint, and upon a second motion to dismiss, another claim was dismissed.
Davenport v. State Center CCD (2009) – Federal Court. Former professor sued the District alleging that it terminated him in retaliation for allegedly filing a sexual harassment complaint. Shelline Bennett and Jesse Maddox were successful in dismissing Davenport’s state law claims at the motion to dismiss stage, partially dismissing his federal retaliation claim in the second motion to dismiss, and later successful on his federal claims in a motion for summary judgment. The Court’s decision granting the motion for summary judgment is published at 654 F.Supp.2d 1073 (E.D. 2009).
MCEA v. City of Modesto (2008) – The City prevailed in an action that alleged it had violated the Meyers-Milias-Brown Act (MMBA) by increasing an employee’s disciplinary suspension from two to five days in retaliation for his appeal of the suspension. PERB Dec. No. 1994-M.
This article authored by Jesse Maddox addresses the issues public agencies face with holiday pay and overtime in accordance to the Fair Labor Standards Act (FLSA). The article discusses the recent federal district court decisions in California, in which it was determined that public employers that...