Case details

County claimed officers transferred for legitimate reasons

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
emotional distress, mental, psychological
FACTS
In 2011, plaintiff Tim Jordan, 49, a lieutenant in the San Bernardino Sheriff’s Department, was transferred from the Adelanto station to the Victorville station. Plaintiffs Brian Moler, 35, and Jeff Wetmore, 45, both deputies with the San Bernardino Sheriff’s Department, were transferred out of the traffic division in August 2013 and November 2013, respectively. The officers claimed that their transfers were in retaliation for their complaints and that they were subjected to adverse employment actions. Jordan, Moler and Wetmore sued their employer, the county of San Bernardino. They alleged that the county retaliated against them. Jordan also alleged that he was constructively discharged. Jordan claimed that the county transferred him to the Victorville station in retaliation for reporting that certain deputies were impounding and “flipping” vehicles for a profit. He also claimed the county retaliated against him for complaining about an alleged imposition of a citation “quota” on the traffic deputies. Specifically, Jordan claimed that after he complained about the “quota” for traffic tickets, he was subjected to a pattern of adverse employment actions, which culminated in him being constructively discharged in August 2014. Specifically, he alleged that he felt pressured to retire because the working conditions were impacting his health. Wetmore and Moler claimed the county transferred them out of the traffic division in August 2013 and November 2013, respectively, in retaliation for their complaints about, and refusal to participate in, the perceived traffic ticket “quota.” They alleged that their transfer out of the traffic division included a loss of “differential” safety pay of an additional $1.75 per hour for riding motorcycles. They were eventually transferred back to the traffic division in January 2014, but were now assigned to patrol cars. Defense counsel contended that the department did not retaliate against any of the plaintiffs and that the county had legitimate business reasons in transferring Moler and Wetmore to other divisions, for the good of the department., Jordan, Moler and Wetmore each claimed that they suffered from emotional distress and a loss of wages. Moler and Wetmore further claimed that they each suffered a loss of the $1.75 per hour pay differential. Specifically, Jordan alleged that he was entitled to lost wages from the date of his “constructive termination” and into the future, plus the associated lost pension benefits. He also sought recovery of damages for the emotional distress he endures in association with his constructive termination. Moler and Wetmore alleged that they were entitled to their lost hazard pay for the months they were not working in the traffic division, plus the associated lost pension benefits. They also sought recovery of emotional-distress damages associated with their transfer out of the traffic division. Thus, plaintiffs’ counsel asked the jury to award $1.5 million in damages per plaintiff. Defense counsel disputed all damages, and argued that the county did not constructively discharge Jordan, who retired from his job in the same year that he had earlier predicted to others.
COURT
Superior Court of San Bernardino County, San Bernardino, CA

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