Case details

Police officers: Retaliation after not participating in arrest quota

SUMMARY

$3000000

Amount

Mediated Settlement

Result type

Not present

Ruling
KEYWORDS
FACTS
Between 1991 and 2014, plaintiffs Joseph Rivera, Nancy Ogle, Jim Azpilicuetta, Mike Rosario, Steve Johnson and Anthony Gonzalez, all police officers for the city of Whittier, were allegedly subjected to adverse employment actions. They claimed that the Whittier Police Department imposed an unlawful citation and arrest quota and that when they complained or refused to participate, they were subjected to adverse employment actions. Rivera, Ogle, Azpilicuetta, Rosario, Johnson and Gonzalez sued the city of Whittier, alleging that the city retaliated against them for being whistleblowers regarding the unlawful citation and arrest quotas. Plaintiffs’ counsel contended that the police department compared officers against each other using shift averaging to determine performance. Counsel also contended that when the officers did not have favorable results, their supervisor would give them negative performance evaluations that stated that they were unable to meet the expected standard for the quantity of tickets written, which then created a situation in which none of the plaintiffs could successfully be promoted. Defense counsel denied that the city evaluated its officers under any quota system and denied that the city ever retaliated against any of the plaintiffs. Defense counsel moved for summary judgment, arguing that none of the plaintiffs exhausted their administrative remedies. The motion was denied., Rivera, Ogle, Azpilicuetta, Rosario, Johnson and Gonzalez sought recovery for their loss of reputation and inability to promote. Azpilicuetta, Rosario, Johnson and Gonzalez still work for the city, while Rivera and Ogle retired.
COURT
Superior Court of Los Angeles County, Los Angeles, CA

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