Case details
Sergeant demoted after reporting violations, suit alleged
SUMMARY
$1100000
Amount
Settlement
Result type
Not present
Ruling
KEYWORDS
emotional distress, mental, psychological
FACTS
In 2009, plaintiff David Podesta, a white Sergeant II Officer in charge of the Community Relations Office at the Los Angeles Police Department’s West Los Angeles Division, began to be supervised by a new Area Commanding Officer, Captain Evangelyn Nathan, who was black. Within six months of Nathan’s arrival, the highest levels of the LAPD command staff received multiple anonymous letters complaining about discrimination and retaliation at the West L.A. Division, including the alleged preferential treatment of black officers. Over the next few years, Podesta received a series of negative comments in his personnel record, his chain-of-command was altered, and Internal Affairs complaints were made against him. Based on the negative documentation and internal complaints, Podesta was demoted in 2011 from Sergeant II to Sergeant I and was thereafter transferred to another division. Podesta sued Nathan; additional command staff members, Chief Charlie Beck, Captain Ruben De La Torre, and Deputy Chief Debra McCarthy; and the officers’ employers, the city of Los Angeles and the Los Angeles Police Department. Podesta claimed that the defendants’ actions constituted racial discrimination and retaliation. Podesta contended that after Nathan arrived at the West L.A. Division, he received negative Comment Cards and Notices to Correct after reporting what he believed to be violations of law by command staff, including a captain covering his license plate with duct tape to avoid paying highway tolls. Podesta claimed that this resulted in adverse documentation in his personnel package. He also claimed that Nathan altered his chain-of-command so that a subordinate black officer was no longer required to report to him. In addition, Podesta claimed that Nathan initiated an Internal Affairs complaint against him for allegedly failing to timely complete a project and that another Internal Affairs complaint was levied against him for allegedly failing to provide Nathan with a notice of certain events. However, he noted that the second Internal Affairs complaint was later was deemed unfounded. Podesta contended that the negative documentation and internal complaints, caused him to be demoted in 2011 and then transferred to another division. Thus, he claimed that he was racially discriminated against because he was not of color and that he was retaliated against for reporting what he believed to be unlawful conduct., Podesta joined the LAPD in 1995 and worked his way up to Sergeant II, acting as the officer in charge of the Community Relations Office. However, he was ultimately demoted to Sergeant I in 2011 and was then transferred to another division. He claimed that as a result, he suffered humiliation, embarrassment, anxiety, and mental anguish. Thus, Podesta sought recovery of damages for his emotional distress.
COURT
Superior Court of Los Angeles County, Los Angeles, CA
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- face
- facial bone
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- skull
- speech
- subdural hematoma
- tinnitus
- traumatic brain injury
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