Case details

Police officer claimed she was harassed about medical status

SUMMARY

$1000000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
emotional distress, mental, psychological, serious knee injury
FACTS
In February 2012, Danielle Wells, a Sergeant I with the Los Angeles Police Department who oversaw senior lead officers at the police department’s Harbor Division, learned that Captain Anne Clark, also with the Harbor Division, initiated an allegedly secret investigation and surveillance of Wells as a result of Wells’ history of going out of work on “Injured on Duty,” or IOD. Wells previously became pregnant in 2009, but had medical complications relating to her pregnancy. As a result, she remained out on medical maternity leave in 2010, during which command staff from the Harbor Division ordered that Wells’ gun and badge be confiscated. She later attempted to return to work on light duty status, but a captain ordered her home without pay until she could get her medical work restrictions lifted. However, after eventually being able to return to work, Wells suffered a serious knee injury while on duty in October 2011. As a result, she had to go out on IOD due to her injury and eventual surgery. Wells claimed that after going out on IOD in October 2011, Clark initiated an investigation and surveillance of her in February 2012. During this time, the LAPD interviewed Wells as part of an unrelated Internal Affairs investigation. As a result of the interview, Clark initiated serious misconduct allegations against Wells based on neglect of duty due to Wells’ purported failure to initiate her Digital in-Car Video System as part of a routine traffic stop. Wells was subsequently disciplined with an Official Reprimand. In November 2012, Wells attempted to return to work at the Harbor Division on modified duty due to her medical restrictions from her knee injury and surgery. However, Wells claimed that Clark told her that she could not work unless she was back on full duty (i.e., had no restrictions). As a result, the South Bureau ordered the Harbor Division to make an accommodation for Wells and assign her a light-duty position. However, Wells claimed the Harbor Division continued to violate her work restrictions and attempted to have her physician lift some of her medical work restrictions. In addition, Wells claimed that her repeated complaints to command staff regarding the discrimination and harassment against her on account of her medical status and being out on IOD were ignored. Wells sued her employer, the city of Los Angeles. Wells alleged that the city’s actions constituted discrimination, harassment, and retaliation in violation of the Fair Employment and Housing Act; and retaliation in violation of Labor Code § 1102.5. Wells claimed that when she had medical complications relating to her pregnancy in 2009, her Area Commanding Officer, Captain III William Hayes, complained that she would be off work on IOD due to her medical complications and that while she was out on medical maternity leave in 2010, command staff from the Harbor Division violated LAPD policy by ordering her gun and badge to be confiscated. She also claimed that when she later attempted to return to work on light-duty status, a captain wrongfully ordered her home without pay and told her to get her medical work restrictions lifted before she could return to work at the Harbor Division in 2010. Wells alleged that due to her prior medical maternity leave and work restrictions, and her going out on IOD due to her serious knee injury in October 2011, Clark initiated an investigation and surveillance of her due to her “long history of going off IOD,” but that the investigation revealed that she committed no misconduct. She also alleged that, simultaneously, while she was off work and on pain medication, the LAPD forced her to be interviewed as part of the unrelated I.A. investigation, which caused Clark to initiate serious misconduct allegations against her. In addition, Wells claimed that as a result of the allegations, she was disciplined with an Official Reprimand without any notice of the new allegation. Wells further claimed that when attempted to return to work on modified duty in November 2012, Clark told her that she could not work unless she had no restrictions. She acknowledged that South Bureau ordered the Harbor Division to make an accommodation for her and assign her a light-duty position, but she claimed that her immediate supervisor, Lieutenant Pasquariello, continued to violate her work restrictions. Wells claimed that as a result, she complained to command staff, but that Area Commanding Officer Captain III Nancy Lauer ordered Sergeant II Catherine Plows to go in uniform — with her gun and badge — to her physician’s office to intimidate and influence her physician to lift some of his medical work restrictions that he had put in place to prevent further injury to her knee. Wells claimed that when the physician refused to do so, Lauer called the physician’s medical office and threatened to report him to the California Medical Board. She alleged that as a result, she continued to make repeated complaints to command staff regarding the discrimination and harassment, but they were ignored, requiring her to initiate a government tort claim and eventually the subject lawsuit., Wells sought recovery of unspecified damages for her emotional distress.
COURT
Superior Court of Los Angeles County, Los Angeles, CA

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