Case details

Plaintiff fired after alleging D.A. violated federal law: suit

SUMMARY

$400000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
emotional distress, mental, psychological
FACTS
On Oct. 30, 2017, plaintiff Henry McKenzie, a senior investigator, was terminated from his position in the San Francisco District Attorney’s Office. McKenzie was previously a member of the San Francisco District Attorney Investigators’ Association, which assembled over the issue that District Attorney George Gascon had boarded flights numerous times while allegedly carrying a firearm in violation of federal law. The executive members of the association discussed reporting their concerns over Gascon to the Transportation Security Administration and the Department of Homeland Security. McKenzie claimed that he was terminated from his position after those meetings, after an investigator at the Office of the District Attorney contacted the TSA regarding Gascon. McKenzie sued his employer, the City and County of San Francisco; his supervisors, Jerry Rodriguez (who was Chief of Investigations) and David Crew (who was Captain of Investigations); and Gascon. McKenzie alleged that the defendants’ actions constituted whistleblower retaliation and wrongful termination. He also alleged that the defendants defamed him. Plaintiff’s counsel contended that McKenzie was terminated in retaliation for being a member of, and participating in, the Investigators’ Association, especially in regard to the association’s decision about Gascon. Counsel also contended that the defendants damaged McKenzie’s reputation by accusing him of having Brady issues, such as credibility issues, and that the defendants’ actions ruined McKenzie’s reputation on subsequent homicide cases that he worked on. Gascon denied the allegations against him, and he claimed that McKenzie was appropriately terminated for falsifying public documents., McKenzie claimed that he suffered a loss of income as a result of his termination. He also claimed that his reputation was damaged and that he suffered from extreme stress as a result of the events, causing him emotional distress.    McKenzie sought recovery of lost earnings, and damages for his emotional pain and suffering.
COURT
United States District Court, Northern District, San Francisco, CA

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