Case details

Reserve police officer not an employee, defense argued

SUMMARY

$0

Amount

Decision-Defendant

Result type

Not present

Ruling
KEYWORDS
anxiety, emotional distress, mental, psychological
FACTS
On Dec. 12, 2007, plaintiff Frank Estrada, a reserve police officer in his 60s, was terminated from the Los Angeles Police Department. Estrada became a reserve officer around 1990. Sometime thereafter, he was involved in two on-duty car accidents in which he allegedly suffered permanent . In 2004, the department initiated a personnel complaint against Estrada, which resulted in the termination of his service following an Internal Affairs investigation. Estrada claimed that the complaint, investigation and subsequent termination were forms of discrimination based on his disability from the prior motor vehicle accidents. Estrada sued the city of Los Angeles, Chief William Bratton and Assistant Chief Michael Moore for disability discrimination in violation of the California Fair Employment and Housing Act. The matter proceeded to a bench trial. Estrada alleged that he was discriminated against because he injured his shoulder in one of the prior on-duty accidents and injured his back in the other on-duty accident. He claimed that the termination was due to the police department not wanting to have an officer retire with a disability, which was something that had never been done before. The city denied any discrimination. It contended that the department only initiated a personnel complaint against Estrada after the Federal Drug Administration served a search warrant and began investigating Estrada’s off duty business, in which he allegedly sold nutritional supplements, for illegally selling capsules containing the same active drug ingredient found in Viagra. The city claimed that after an Internal Affairs investigation, it terminated Estrada’s volunteer service with the police department as a result of the FDA allegations against him. Defense counsel further argued that Estrada was not covered by the Fair Employment and Housing Act as he was a volunteer and, thus, could not pursue a violation under the Act. Plaintiff’s counsel responded that the search warrant in question resulted in no indictment, criminal charges, criminal proceedings or civil proceedings against Estrada. Counsel also disputed the claim that Estrada was a “volunteer,” asserting that the plaintiff received a $50 per month stipend and equipment, such as a gun and a badge., Estrada alleged that following his termination, he suffered emotional and physical stress, including difficulty sleeping, requiring him to take medication to sleep a few times a week. He stated that he was an Air Force veteran and that the discharge from the police department was difficult for him as he had spent over 34 years serving the public. He claimed he felt humiliated at having his public service career end in what he felt was an unjustified fashion. Estrada also testified to feeling vulnerable since he is not allowed to carry his firearm any longer. Thus, Estrada sought recovery of emotional distress and economic damages as a result of the city’s actions.
COURT
Superior Court of Los Angeles County, Los Angeles, CA

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