In March 2012, plaintiff Richard Fitzgerald, 56, a deputy sheriff who worked in the investigations unit as a detective for the El Dorado County Sheriff’s Office, was issued a reassignment notice to patrol. He ultimately resigned and retired in September 2012, in lieu of the reassignment to patrol. Fitzgerald claimed the reassignment amounted to constructive discharge. Fitzgerald sued his employer, the county of El Dorado; and his managers, Sheriff John D’Agostini and Undersheriff Richard Williams. Fitzgerald alleged that the defendants’ actions constituted age discrimination, retaliation of an employee’s freedom of speech and opposition to age discrimination, constructive discharge, and violations of his due process rights. Fitzgerald claimed that he was reassigned to patrol in retaliation for speaking out on matters of public concern and opposing age discrimination three to 10 months prior. He alleged that he thought he was too old for the rigors of a patrol assignment and that he was physically unable to do the job of a patrol deputy. Thus, Fitzgerald claimed that he was forced to resign. Defense counsel contended that Fitzgerald was one of four detectives reassigned to patrol to create vacancies in the investigations unit. Counsel noted that after D’Agostini entered office in 2011, he received feedback from multiple sources, including an internal employee survey and a civil grand jury report, that there was little turnover in specialty assignments, like investigations, and few opportunities for other deputies to work in, and acquire skills in, such assignments. Counsel contended that after the study and observation, D’Agostini exercised his management rights to reassign personnel, and create openings and opportunities for others to work in the investigations unit. Defense counsel argued that Fitzgerald was of the deputies selected for reassignment to patrol because Fitzgerald had worked in the investigations unit the longest, so it was someone else’s turn. Thus, defense counsel argued that neither Fitzgerald’s age nor his speech activities were a factor in his reassignment., Fitzgerald worked in the investigations unit as a detective for 17 years. He claimed that his constructive discharge caused him to suffer past and future wage loss totaling $866,216. Fitzgerald also claimed that he suffered from post-traumatic stress disorder and depressive disorder from the events. As a result, he sought recovery of approximately $800,000 in emotional-distress damages. Defense counsel contended that when Fitzgerald was informed of his reassignment, Fitzgerald got up and left, went on medical leave, and never returned to work. Counsel also contended that Fitzgerald refused to speak to anyone in the sheriff’s management department and failed to tell anyone in management about his concerns with working a patrol assignment. Counsel further contended that Fitzgerald failed to apply for any alternate assignment. Thus, defense counsel argued that Fitzgerald failed to mitigate his damages, since he never looked for alternate work, and failed to take any steps to mitigate his harm before he resigned/retired.