Case details
Defense claimed criminalist did not suffer retaliation
SUMMARY
$0
Amount
Verdict-Defendant
Result type
Not present
Ruling
KEYWORDS
emotional distress, mental, psychological
FACTS
In 2005, plaintiff Jennifer Francis, 36, a criminalist for the city of Los Angeles, used a DNA swab from a 1986 murder and developed a DNA profile that eventually led to the June 2009 arrest of a detective from the Los Angeles Police Department. Francis claimed that her DNA results were initially ignored and that she was punished for reporting her suspicions. Francis sued the city of Los Angeles, alleging that the city’s actions constituted whistleblower retaliation, in violation of the Labor Code. She also alleged gender discrimination, workplace harassment and whistleblower retaliation in violation of the Fair Employment and Housing Act. Francis’ claims of discrimination, harassment and retaliation under FEHA were dismissed, and the matter continued only on the claim of whistleblower retaliation under labor code. Francis claimed that the Los Angeles Police Department deliberately overlooked evidence from the DNA profile she developed and that the DNA results were ignored in the cold case investigation. She also claimed that she was punished for reporting her suspicions. Francis alleged that she was forced to undergo psychological analysis, was removed from testifying in another high-profile case, was transferred to a non-analytical position and was required to work additional duties. She also claimed that her reputation was damaged as a result of the incidents. Defense counsel argued that the police department did not cover up any evidence in the murder investigation and that Francis never disclosed violations of state or federal law, as required to qualify as a “whistleblower.” Counsel also argued that nobody in the department ever punished or retaliated against Francis. In addition, defense counsel contended that Francis still works for the police department, was granted a promotion and was even awarded the department’s highest civilian commendation for her work on the underlying murder case., Francis claimed that her reputation was damaged as a result of the incidents and that she suffers from emotional distress as a result of the events. Defense counsel denied Francis’ allegations, arguing that Francis’ reputation was not damaged, as Francis was granted a promotion and was awarded the department’s highest civilian commendation for her work on the underlying murder case.
COURT
Superior Court of Los Angeles County, Los Angeles, CA
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