Case details
Police department claimed officers took excessive leave
SUMMARY
$0
Amount
Verdict-Defendant
Result type
Not present
Ruling
KEYWORDS
bronchitis
FACTS
In Spring 2004, plaintiffs Richard Gaines, 45, and Jaimy Quesada, 34, his fiancee, joined the Fresno Police Department after leaving the California State University police force. Over the course of the year, they each had to take leaves from work and were subsequently forced to resign from their positions with the Fresno Police Department in August 2005. Gaines and Quesada sued the city of Fresno for disability discrimination and retaliation. Plaintiffs’ counsel contended that Gaines contracted pneumonia after responding to a call with a dead body inside a house. Counsel contended that fumes from the decomposed body seeped into Gaines’ lungs and made him sick. Counsel also contended Quesada then became sick with bronchitis and missed several weeks of work. In addition, Gaines and Quesada claimed that they needed to take family medical leave to care for Gaines’ handicapped son. Gaines also claimed that he was stabbed in his home by an unknown perpetrator and needed additional time off to recover from his resulting, work-related . Defense counsel argued that the plaintiffs took excessive leave from work, over 45 sick and vacation days, during their first year with the department. Counsel contended that Gaines’ stabbing story was dubious, and only amounted to some scratches that did not require stitches or surgery. Counsel argued that an instance of a police officer being attacked in their home by an unknown assailant rarely happens, and that the ensuing investigation by the Clovis Police Department suggested that the alleged assault was feigned. Defense counsel further argued that Gaines and Quesada were each working a second job, as police academy instructors, on some of their days off. In addition, defense counsel argued that the plaintiffs were probationary employees and could be subject to early termination., Gaines and Quesada each claimed that they suffered emotional distress as a result of being forced to resign from the department. However, they acknowledged that they are now employed with other police departments. Thus, the plaintiffs sought recovery of damages in excess of $500,000 for their lost wages and an additional amount for their emotional distress.
COURT
Superior Court of Fresno County, Fresno, CA
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