Case details

Nurse claimed deputy prevented her from tending to inmate

SUMMARY

$299000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
emotional distress, mental, psychological
FACTS
In August 2016, plaintiff Jennifer Westfield, a nurse at the Orange County Central Men’s Jail, resigned from her position. Prior to her resignation, Westfield, a black woman, claimed that a deputy, Flynn, who was also black, prevented her from treating an inmate who ultimately required hospitalization. She also claimed that she felt unsafe working with Flynn and was retaliated against. Westfield sued Flynn and Flynn’s employers, Orange County, the Orange County Central Men’s Jail, the Orange County Health Care Agency and the Orange County Sheriff’s Department. Westfield alleged that the defendants’ actions constituted racial discrimination, retaliation, a constructive discharge and violations of the Bane Act. The matter ultimately continued on the claim of violations of the Bane Act due to Westfield allegedly being intimidated under the color of authority after allegedly being prevented from doing her job and complaining about it. Westfield claimed that on Aug. 8, 2016, Flynn prevented her from attending to a fully clothed inmate who appeared to be unconscious in the men’s shower. She claimed that Flynn later called her and told her, “…Unless you’re an African Wizard, you can’t tell me that you knew he was in bad shape, and you better not tell anyone he was down in the shower or there will be repercussions.” Westfield claimed that she was then transferred to another location, but that she was still scared to return to work or be around Flynn. Defense counsel contended that the inmate refused treatment and that the inmate was placed in a bed prior to being taken to a hospital. Counsel also noted that both Westfield and Flynn were African-American., Westfield worked with the agency since 2011, but she claimed she was forced to resign due to her fear of running into Flynn at work. She alleged that as a result, she suffered from emotional distress. Westfield sought recovery of lost wages and damages for her emotional pain and suffering.
COURT
Superior Court of Orange County, Orange, CA

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