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Employment Law
Free Speech
Race Discrimination

Robert Baylis, Eduardo Perez, Nanci Wisznia v. County of Riverside, John Ryan, Ted Kubota, Michael Oprendek, Larry Ogilvie

Published: Jul. 1, 2003 | Result Date: Jun. 10, 2003 | Filing Date: Jan. 1, 1900 |

Case number: ED01535 Verdict –  $2,448,000

Judge

Stephen G. Larson

Court

USDC Central


Attorneys

Plaintiff

Jill Hunt


Defendant

Bruce E. Disenhouse
(Disenhouse Law APC)


Facts

The plaintiffs all work for the County of Riverside in the Department of Mental Health. The defendants were the County of Riverside, the director, assistant directors and other supervisors. The plaintiff Baylis, who is of African Descent contended that the County of Riverside intentionally discriminated against him and harassed him because of his race during the time of his employment with the County of Riverside. The plaintiff Baylis further claimed that his right to free speech provided by the First Amendment to the United States Constitution was violated by the defendants' decision to terminate him and to later transfer him to another program after reinstatement at a reduction in pay. The plaintiff Baylis contended that his testimony before the Riverside grand jury was a motivating factor in the actions the defendants took against him. The plaintiff Perez and the plaintiff Wisznia claimed that each of their rights of free speech provided by the First Amendment was violated by the defendants when they failed to promote them to Mental Health Service Supervisor positions based upon each of their association and support of the plaintiff Baylis. The defendants denied all of the claims and contended that their actions did not violate any applicable or federal state laws.

Settlement Discussions

PLEASE ELABORATE

Damages

Economic damages from demotion and failure to promote; emotional distress and punitive damages on plaintiffs Perez and Wisznia's claims.

Result

The jury found that the plaintiff Baylis was demoted in violation of his first amendment rights and that the plaintiff Perez and the plaintiff Wisznia were not promoted based on their association and speech in support of Baylis. No liability on the Title VII claim, the state discrimination claim or the claim for harrassment because of race.

Deliberation

two days

Length

14 days


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