Bjornboe v. City of Bakersfield et al.

Sexual harassment, retaliation

Kern County

Superior Court Judge David R. Lampe

Gabriel Godinez

Defense Lawyers: Clifford & Brown APC, John R. Szewczyk, Arnold J. Anchordoquy; Godinez Law, Gabriel A. Godinez

Plaintiff's Lawyers: King & Chung LLP, Allyson K. Thompson

Facing a jury from the defense side in a sexual harassment case can be a scary experience, lawyers representing the city of Bakersfield said--especially when the plaintiff is a young female police recruit who was hired in 2014 and fired after five months on the job.

The recruit, Hillary Bjorneboe, sued for sexual harassment, whistleblower retaliation and wrongful termination, among other causes of action, and sought $6 million to $7 million in damages including punitives of up to $50,000 each from two officers named in the suit.

In 2017, as Bjorneboe's case advanced through pretrial litigation, the pressure on the defense mounted as the prominently publicized sexual misdeed allegations against Hollywood mogul Harvey Weinstien blew up into an empowering social movement. "The case was well underway, and then #MeToo hit," said defense lawyer John R. Szewczyk, who tried the case with colleague Arnold J. Anchordoquy. "It was of some concern to us because of the effect it might have on the jury pool."

But following a five-week trial, jurors voted after one day's deliberation in favor of Szewczyk and Anchordoquy's municipal client on all eight causes of action. The tally was 9-3. Bjorneboe v. City of Bakersfield, BCV-15-100599 (Kern Co. Super. Ct., filed Oct. 23, 2015).

Bjorneboe's attorney, Allyson K. Thompson of Kring & Chung LLP, did not return a message seeking comment. In remarks published after the verdict was announced she said, "The jury ruled tonight that it doesn't pay to blow the whistle if you are a police officer." No appeal has been filed.

"All along we contended they were overreaching," Szewczyk said, pointing out that the evidence showed Bjorneboe was actually fired for falsifying a police report, which she acknowledged in a videotaped interview played for the jury.

Anchordoquy said the harassment evidence included minor possible misdeeds by Bjorneboe's male colleagues. "One officer used the word 'sweetheart,' which in this day and age can be a problem. The older women on the jury weren't offended by it, but one younger lady though it was improper. She thought it was demeaning. But there was no sexual connotation. You have got to be really careful with this kind of thing in light of #MeToo. But from our standpoint, the plaintiff basically lied on a report, saying she had given a subject his Miranda rights when she hadn't."

-- John Roemer