Between 2008/2009 and October 2010, plaintiff Earl Wright, a black Senior Lead Officer, or “Police Officer III Plus 1,” was under the immediate supervision of Sergeant Peter Foster, a white male, while working at the city of Los Angeles Police Department’s Central Division. Wright claimed that during this time, Foster subjected him to a hostile work environment, which included racial harassment. He also claimed that supervisors throughout the Central Division station where he and Foster worked, including the captain who ran the division at the time, were aware of the alleged behavior, but did nothing to intervene or stop it. In addition, Wright claimed that after he filed a lawsuit regarding the behavior, he was subject to retaliation. Wright sued the city of Los Angeles, the city of Los Angeles Police Department and Foster. Wright alleged that Foster’s actions constituted racial harassment and retaliation, and that the city and police department were liable for his actions. He also alleged the city and police department failed to take all the reasonable steps necessary to prevent harassment and retaliation from occurring. Thus, Wright alleged that the defendants’ actions or inactions created a hostile work environment in violation of the Fair Employment and Housing Act. Foster and the LAPD were ultimately removed from the case. Also, the court granted summary adjudication eliminating the retaliation claim, and plaintiff’s counsel dismissed the failure to prevent harassment claim during trial. As such, the matter only continued against the city on the harassment/hostile work environment claims. Wright claimed that in 2008 or 2009 he asked Foster for permission to leave work early and that Foster responded, “Why? You gotta go pick watermelons?” He also claimed that when he and his partner were called back to the station from the field to celebrate his 20th year of service as an LAPD officer, Foster presented him with a cake that was topped with a piece of fried chicken and a slice of watermelon, all while other officers were laughing and applauding. Wright further claimed that in October 2009, an officer under Foster’s direction downloaded four color photographs from his Facebook account and posted the pictures all over the Central Station. Wright alleged that under the first picture was written, “before yak,” which he believed meant “cognac;” under the second picture was written, “The Lost Jackson,” which he believed referred to Michael Jackson’s family; under the third picture was written, “Soul Glow,” which he believed referred to the 1980s curly hairstyle for black men portrayed in the movie “Coming to America” starring Eddie Murphy; and under the fourth picture was written, “keepin it Gangster After a Bottle of Yak,” which he believed referred to him as a gangster and to cognac. Wright claimed that the pictures of him were posted near his desk for everyone, including command staff, to view for approximately two months. Wright claimed that on June 2, 2010, Foster allegedly sent him a text message with a picture of one yellow duckling with its arms raised above its head and standing in front of five black ducklings. He alleged that under the picture were the words “sup ni–as.” Wright claimed that on June 29, 2010, Foster called him on his cell phone and told him not to show the text message with the ducklings to the captain. He alleged that Foster then continually called him numerous times. The next day, on June 30, 2010, Wright was taken to a hospital due to stress, headaches and anxiety. He claimed that his hospitalization was due to the harassing activities and hostile work environment. Wright was diagnosed with elevated blood pressure and was taken off of work by his doctor. However, Wright claimed that he was eventually able to return to work on Feb. 16, 2011, after being released by his medical physician, but that he was advised by command staff that he was being assigned home and was required to call into work every day until he was notified by the LAPD personnel that the captain was placing him on “injury on duty,” despite the fact that he had been released to work full duty. Currently, Wright has been downgraded to Police Officer III, and is working at the training division. Foster denied all activities alleged against him, except sending the duckling text. Defense counsel argued that Wright was a willing participant, and that more than one officer testified that Wright used the “N” word and made fun of officers of other races. Another black police officer testified that it was he who bought in and presented the cake to Wright, and that Wright laughed when he saw the cake, as well as cut himself a slice and ate the chicken topping. The witness also testified that he and Wright were part of a group of officers at the Central Division who routinely traded crude racial text messages and comments. In addition, defense counsel contended that the first time Wright complained about any of the writings or images was when he went off work on June 30, 2010, and that Wright did not return to work until Feb. 16, 2011., Wright claimed that he was continually embarrassed and humiliated by the alleged repeated racial remarks. He alleged that as a result, he was taken to a hospital due to stress, headaches and anxiety on June 30, 2010, and ultimately diagnosed with elevated blood pressure and taken off of work by his doctor. Wright further claimed that he was eventually able to return to work on Feb. 16, 2011, after being released by his medical physician, but that he was sent home by command staff and told that he had to call into work every day until he was notified by the LAPD personnel that the captain was placing him on “injury on duty,” despite the fact that he had been released to work full duty. He alleged that as a result, he was downgraded to Police Officer III and is now working at the training division. Wright claimed that treated with a psychologist during the seven months he was off of work. The plaintiff’s treating psychology expert opined that Wright needed psychological counseling as a result of the incidents at work, and that additional treatment would also be good for Wright. Thus, plaintiff’s counsel asked the jury to award Wright damages consisting of $1 million for his past emotional distress and $1 million for his future emotional distress. Defense counsel acknowledged that Wright saw his treating psychologist during the time he was off of work, but contended that Wright had no further visits with his psychologist thereafter.