Top Defense Verdicts -- Booker v. City of Richmond

As the parties in a racial discrimination case against the chief of the Richmond Police Department prepared to go to trial, objections arose from an unexpected part of the courtroom: the bench. Superior Court Judge David B. Flinn recused himself from the case, saying he had become prejudiced towards an attorney or party.

"I've never had that happen," said Arthur A. Hartinger of Meyers Nave Riback Silver & Wilson PLC, who led the trial team for the defense. The plaintiffs, a group of seven supervisors and managers from the police department, said Police Chief Chris Magnus and Deputy Chief Lori Ritter passed them over for promotion based on race, made racially derogatory remarks and created a hostile work environment.

Hartinger said the judge attributed his prejudice to plaintiffs' attorney Christopher B. Dolan, whom Flinn censured for leaking a confidential video to the press, though another plaintiffs' attorney said there was inappropriate behavior on both sides.

After Superior Court Judge Barry P. Goode took over and Dolan left the case, Hartinger's team turned its focus to convincing a jury that the police chief was "a great guy."

"He's one of the most progressive, forward-thinking police chiefs in the U.S.," Hartinger said. And, he said, after the plaintiffs kept Magnus on the stand for eight days, the jury was ready to side with him. It threw out all 28 claims in the lawsuit.

Plaintiffs' attorney Stephen R. Jaffe pointed to the all-white jury, whose members were asked to view the matter as a "reasonable" black person would. "How were they supposed to do that?" Jaffe said.

Hartinger said it was the chief's professional skills that helped save him.

"He's a very articulate and smart guy, and his efforts have yielded results," Hartinger said. "Crime is down in Richmond."

Beyond a receptive jury, Hartinger said the support of the Richmond city government proved instrumental in getting the verdict.

"The city itself was willing to invest in what they believed, instead of folding early, and the other side brought a lot of pressure to bear to get a settlement."

- LAURA HAUTALA

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