Case details

Defense: Trainee had another instance of falsifying reports

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
emotional distress, mental, psychological
FACTS
In January 2015, plaintiff Hillary Bjorneboe, 25, a police officer in training, was terminated from her position with the Bakersfield Police Department. Bjorneboe was one of four women to graduate the police force in a class of 33 officers, and she began working as a trainee in the Bakersfield Police Department in August 2014. She claimed that, shortly thereafter, two training officers, Travis Brewer and Steven Glenn, sexually harassed her. She also claimed that she was directed to not book marijuana that she had confiscated during a call and eventually told a sergeant about what happened. Bjorneboe was subsequently removed from her position during the internal-affairs investigation and a criminal investigation. Bjorneboe was reinstated to her full-time officer-in-training position in January 2015, pending the final determinations of the criminal investigation. However, shortly after the criminal investigation concluded, Bjorneboe was fired for allegedly not passing probation, and her name was placed on a “Brady list” of officers who have allegedly committed police misconduct. As a result, Bjorneboa could be hired again as a police officer, but only at the discretion of the hirer due to the issue of her alleged misconduct. Bjorneboe sued Brewer, Glenn and her employers, the city of Bakersfield and the Bakersfield Police Department. Bjorneboe alleged that Brewer and Glenn subjected her to sexual harassment and created a hostile work environment. She also alleged that the defendants retaliated against her for reporting the alleged sexual harassment and blowing the whistle on the misconduct of not booking evidence that was confiscated. Bjorneboe claimed that, shortly after she began working for the Bakersfield Police Department, Brewer and Glenn called her sexist and derogatory names, and made inappropriate and demeaning comments to her. She also claimed that Brewer directed her to not book marijuana that she had confiscated during a call and that although she followed Brewer’s instructions, she later told a sergeant about what happened. Bjorneboe alleged that even though she was reinstated to her position following the internal-affairs investigation, she was later retaliated against in the form of her wrongful termination and decision to include her name on a Brady list. Defense counsel contended that Bjorneboe was terminated because she filed a false police report, violated various different policies and procedures within the Bakersfield Police Department, and had not completed her probationary employment period in a satisfactory manner. Counsel argued that Bjorneboe was never cleared of the alleged misconduct in the original investigations and that another officer involved in the same dispute was also disciplined. Brewer’s counsel argued that Bjorneboe only brought up the alleged sexual comments from Glenn and Brewer when the Internal Affairs investigation started and that Bjorneboe only brought up the claims against Brewer to not book the marijuana, which Brewer denied, when Bjorneboe was asked about her training during the Internal Affairs investigation. Defense counsel contended that Bjorneboe did not report any form of actionable harassment or discrimination, including sexual harassment, despite having been asked if she was experiencing any such circumstances by various different individuals and supervisors within the Bakersfield Police Department. Counsel also contended that the police department did not have the ability to place Bjorneboe on the “Brady list” and that the Kern County District Attorney, acting alone and consistent with its obligations under the “Brady” decision, made the independent and discretionary decision to place Bjorneboe on its “Brady list,” which provides notice to criminal defense counsel that the officer on the list has been judged dishonest in some form or manner by the reporting agency. In addition, defense counsel noted that a video, which was recorded during the criminal investigation of Bjorneboe’s alleged wrongful acts, was played to the jury during trial. Counsel contended that during the course of the interview shown on the video, Bjorneboe admitted to having falsified portions of the police report she authored, as well as portions of a “field arrest data card.”, Bjorneboe was terminated from her position in January 2015. She now works for UPS. Bjorneboe claimed that she suffered from emotional distress as a result of the alleged events and that she suffered a loss of earnings as a result of her termination. Bjorneboe sought recovery of lost earnings and damages for her emotional pain and suffering. She also sought recovery of punitive damages against Brewer and Glenn for their alleged behavior.
COURT
Superior Court of Kern County, Kern, CA

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