This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Employment Law
Race Discrimination
Gender Discrimination

Jamil Carter v. The City of San Jose; The San Jose Police Department; Michael Sullivan, individually and in his official capacity as Lieutenant, SJPD; and Keith Cottrell, individually and in his official capacity as Sergeant, SJPD

Published: Feb. 1, 2014 | Result Date: Nov. 14, 2013 | Filing Date: Jan. 1, 1900 |

Case number: 5:12-cv-01968-HRL Verdict –  Defense

Court

USDC Northern


Attorneys

Plaintiff

Thomas K. Bourke
(Law Office of Thomas K. Bourke)


Defendant

Nkia D. Richardson
(Office of the San Jose City Attorney)

Christian B. Nielsen
(Office of the San Jose City Attorney)


Facts

Jamil Carter was employed as a police officer with the San Jose Police Department. She was hired on June 12, 2002.

In 2011, Carter expressed interest in transferring to the Airport Division for the San Jose Airport. She claimed she was met with resistance to this decision, and later sued the City of San Jose.

Contentions

PLAINTIFF'S CONTENTIONS:
Carter claimed that when she expressed interest in applying to the Airport Division, Sergeant Keith Cottrell attempted to dissuade her from applying, but Carter still wanted to take the exam for the position. Cottrell continued to try to dissuade her, eventually growing increasingly hostile when she refused to give up.

Carter further alleged that at her interview for the position, the interviewing officers acted oddly, and asked her questions that had nothing to do with her qualifications for the job. Lieutenant Michael Sullivan, one of interviewers, also attempted to dissuade her from applying, and also grew hostile during the exam. Carter was later informed that she had failed the exam, but eventually was assigned to the airport.

Result

The jury ruled in favor of the city, and denied all of Carter's claims.

Deliberation

three hours

Length

six days


#100372

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390