Case details
Police detective forced her to engage in sex acts: plaintiff
SUMMARY
$550000
Amount
Mediated Settlement
Result type
Not present
Ruling
KEYWORDS
emotional distress, sexual relationship
FACTS
On June 3, 2013, plaintiff Kendra Castaneda, 31, began a sexual relationship with Ronald Bair, a detective with the City of Fullerton Police Department. Castaneda initially met Bair earlier that year, when Bair was assigned to investigate Castaneda’s complaint that her ex-husband had violated a restraining order. At the time, Castaneda was living in a domestic violence homeless shelter for women. Bair ultimately testified on Castaneda’s behalf at a custody hearing in June 2013. Around the same time, Castaneda and Bair began to have a sexual relationship. However, Castaneda claimed that Bair used his police power and authority to coerce her into engaging in multiple sex acts. Castaneda sued Bair and Bair’s employers, the city of Fullerton and the City of Fullerton Police Department. Plaintiff’s counsel contended that Bair used his power and authority as a police officer to coerce Castaneda into having sex in exchange for favorable testimony in a child-custody hearing. Counsel also contended that after Bair testified on Castaneda’s behalf in June 2013, Bair threatened to use his police power to cause Castaneda to lose custody of her child if she told anyone about his inappropriate behavior. Plaintiff’s counsel argued that while the sexual conduct was occurring, Bair was at all times acting in the course and scope of his employment with the city of Fullerton and under the color of law. Counsel further contended that Bair’s inappropriate conduct toward Castaneda occurred up until his retirement on Sept. 30, 2013. Defense counsel argued that the acts between Bair and Castaneda were consensual and had occurred when Bair was off-duty., Castaneda claimed that she suffered from emotional distress as a result of her encounters with Bair. She subsequently sought counseling for her condition.
COURT
United States District Court, Central District, Santa Ana, CA
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