Case details

Defense: Sergeant transferred because of medical restriction

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
emotional distress, mental, psychological
FACTS
In August 2016, plaintiff Jeffrey Vach, 41, a police sergeant, began working as an internal-affairs investigator for the Los Angeles Police Department’s Workplace Investigations Unit. He claimed that the evidence he found was being discounted and that his investigations were being distorted by his supervisors and predetermined as unfounded. Vach claimed that after he complained, he was reassigned to another internal-affairs unit in October 2016. Vach sued the city of Los Angeles, alleging that the city’s actions constituted a failure to accommodate, a failure to engage in the interactive process under the Fair Employment and Housing Act, and whistleblower retaliation under Labor Code § 1102.5. Immediately before trial, Vach sought to amend the complaint to include retaliation under FEHA. The matter ultimately continued on Vach’s whistleblower retaliation claim only. Vach claimed that his transfer was in retaliation for failing a complaint about his unfair treatment. Defense counsel contended that, in the 30 days Vach was in the Workplace Investigation Unit, Vach did not complete a single investigation. Counsel contended that internal-affairs made no attempt to alter Vach’s investigation for purposes of skewing findings and/or covering up misconduct and that Vach was only moved out of his unit because he had medical restrictions, among which prevented him from carrying a firearm, which was a requirement as a sworn officer in the field. Defense counsel asserted that in order to meet Vach’s medical restrictions, Vach had to be moved to another unit, but noted that the unit was also within in internal affairs., Vach was with the police department since 1996. During that time, he became a sergeant in 2009 and he became a sergeant class-II in 2016, around the time he began working in internal affairs. Vach claimed that the position he was transferred to was less prestigious than the one he had before. As a result, he claimed he suffered emotional distress as a result of being transferred. Vach sought recovery of damages for his past and future emotional pain and suffering. Defense counsel denied Vach suffered any emotional distress.
COURT
Superior Court of Los Angeles County, Los Angeles, CA

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