Case details
City claimed discipline of officer was properly imposed
SUMMARY
$0
Amount
Verdict-Defendant
Result type
Not present
Ruling
KEYWORDS
emotional distress, head, headaches, mental, psychological
FACTS
In 2000, plaintiff Aaron Miller, who was employed by the city of Oceanside as a police officer, complained to the city about a race/national origin comment allegedly made by a superior officer about his ancestry. Miller contended that since that complaint, the superior officer had held a grudge against him. In 2011, Miller became the subject of an investigation in which the same superior officer had a role. As a result of the investigation and subsequent disciplinary action, Miller was transferred from an investigations unit to a patrol unit and suffered a four-day unpaid suspension. Miller claimed his transfer and unpaid suspension were in retaliation for his prior complaint. He further alleged that after he complained about this retaliation and filed his lawsuit, the city further retaliated against him in 2012 and 2013 when he applied for, but did not receive, a transfer back to the investigations unit. Miller sued the city, alleging that the city’s actions in regard to his complaints about his superior, as well as for the filing of the subject lawsuit, constituted whistleblower retaliation. The city asserted that discipline was properly imposed on Miller for his failing to timely report the misconduct of his partner, in violation of police department policy. It further asserted that the decision about which police officers to transfer to the investigations unit was proper., Miller claimed he suffered increased migraines due to stress and was prescribed medication. He also claimed emotional distress. Miller sought recovery of $178,808 in past and future lost income, and in excess of $300,000 in general emotional distress damages. He also sought recovery of attorney fees, if he was the prevailing party. The city’s counsel contended that Miller suffered no loss of salary. Counsel also denied the discipline caused Miller any physical injury or emotional distress.
COURT
Superior Court of San Diego County, San Diego, CA
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INJURIES:
- anxiety
- brain
- brain damage
- brain injury
- cognition
- depression
- epidural
- extradural hematoma
- face
- facial bone
- fracture
- head
- headaches
- hearing
- impairment
- insomnia
- loss of
- mental
- nose
- psychological
- scapula
- sensory
- shoulder
- skull
- speech
- subdural hematoma
- tinnitus
- traumatic brain injury
- vision
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