Case details

Defense: Black golf instructor treated the same as others

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
emotional distress, mental, psychological
FACTS
Beginning in 2011, plaintiff Michael Brown, a black, independent golf instructor in his 40s, taught golf at Woodley Lakes Municipal Golf Course, in Van Nuys. He alleged that he was harassed to pay fees to use the course and that he was not offered the same monthly rate for renting driving stalls as other instructors. When he refused to pay, Brown was temporarily suspended from teaching golf. Brown claimed he was discriminated against due to his race. Brown sued golf starter supervisor I, David Aubrey; the golf manager, James Ward; the former general manager of the Department of Parks and Recreation, Jon Kirk Mukri; golf starter supervisor II, Penny Siebrandt; and the city of Los Angeles, which took over ownership of the golf course in November 2011. Brown alleged that the defendants’ actions constituted violations of his civil rights under 42 USC § 1983 and the Unruh Act. Prior to trial, the city was granted summary judgment and Mukri was dismissed. Brown claimed that he was approached more than once about the payment of fees while giving golf lessons. He also claimed that he was not offered a monthly rate, like other instructors had been, but, instead, was only offered an hourly rate. Defense counsel contended that prior to the city taking over the golf course, a private concession owned the course and charged different instructors different rates. However, once the city took over the course, all hourly instructors were allegedly told to pay their fees before teaching at the range. Defense counsel introduced testimony that Brown was only approached once for payment of fees and that all instructors were approached in the same manner. Thus, counsel argued that all of the golf instructors were treated the same. Defense counsel contended that after the city took over, two golf instructors asked to pay their fees monthly, instead of hourly, as it was more convenient for them. The city granted the requests, and the city board passed a report that a monthly rate for all instructors could also be accepted as of January 2013. Defense counsel argued that Brown did not take advantage of the monthly rate when he was offered it in January 2013 and that Brown did not use the rate until September 2013. Counsel also argued that Brown was not the only instructor that was asked to pay fees. Specifically, defense counsel contended that there were three other instructors who were also asked to pay fees., Brown claimed that he felt discrimination on a daily basis and that as a result, he suffered emotional distress. Thus, he sought recovery of $1 million in damages, at a minimum, as well as recovery of punitive damages. Defense counsel noted that Brown only took an Advil once for his alleged emotional distress and that plaintiff’s counsel did not present any medical experts or economical testimony.
COURT
United States District Court, Central District, Los Angeles, CA

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