Case details

Plaintiff claimed removal from position was in retaliation

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
FACTS
On June 11, 2009, plaintiff Anthony Delanda was removed from his position as Force Options Instructor with the county of Fresno’s Probation Department. Prior to May 2009, Delanda participated in an investigation of a race discrimination complaint filed by a coworker, in which Delanda provided the investigator with information that was unfavorable to the department. He claimed that after providing the information, the department relieved him of his duties and the Range Master position that he had successfully competed for was withdrawn. Delanda filed a complaint with the Department of Fair Employment and Housing asserting retaliation on the part of the department, before filing suit in federal court. He alleged that the county of Fresno’s Probation Department retaliated against him for providing negative information about the department during the investigation. He also alleged that the county violated the Police Officer’s Bill of Rights by failing to advise him of possible disciplinary action prior to interviewing him. The county denied that it retaliated against Delanda. It claimed that although the plaintiff was removed from the Force Options Instructor position, the removal was not a disciplinary act and his position was changed to a Supervising Juvenile Correctional Officer at no reduction in pay. The county also claimed that it informed Delanda that he would not be attending the Range Master school because of budget issues and that without that training, he could not work as a Range Master. In addition, the county denied any violation of the Police Officer’s Bill of Rights, California Government Code § 3300 and 3303(c)., Delanda sought recovery of unspecified damages as a result of his removal from the Force Options Instructor position and the withdrawal of his application for the Range Master position. Defense counsel contended that Delanda’s removal did not result in any reduction of pay or benefits, or loss of seniority with respect to his employment with the Probation Department as a Supervising Juvenile Correctional Officer. Counsel also contended that the removal had no negative impact on Delanda’s career. In fact, defense counsel noted that in his new position, Delanda has the ability and opportunity to earn overtime outside of his previous auxiliary position, which was an at-will position.
COURT
United States District Court, Eastern District, Fresno, CA

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