Facts

Plaintiff Lee Jacobs is a criminal investigator for the formerly-named U.S. Customs Service. Jacobs sued the U.S. Secretary of Homeland Security, Michael Chertoff, for retaliation and violations of the Americans with Disabilities Act.

PLAINTIFF'S CONTENTIONS:
Jacobs claimed he filed a sexual harassment complaint against an undisclosed head of the department, who purportedly had a reputation for making inappropriate sexual advances towards young women. Jacobs argued that as a result of his complaint, he was assigned to boat detail, which involved being aboard a cigarette boat off the coast of San Diego. Jacobs alleged that he re-injured a pre-existing back injury while riding on the cigarette boat. He argued that his superiors were aware of his pre-existing back condition and purposely assigned him to the boat detail out of retaliation, knowing it would be physically straining.

Jacobs added that he was denied a promotion to group supervisor in direct response to his complaints about the boat assignment.

DEFENDANT'S CONTENTIONS:
The defendant denied any retaliatory action was committed. The defense added that Jacobs did not receive the promotion due to his poor work performance.

Settlement Discussions

The defendant offered $0.

Damages

Jacobs sought $902,000 for pain and suffering damages for his injuries and economic and non-economic damages for not receiving the promotion.

Injuries

Jacobs allegedly re-injured a pre-existing, undisclosed injury to his back.

Result

The jury returned a verdict for the plaintiff in the amount of $702,000, consisting of $350,000 for pain and suffering, $200,000 for non-economic damages, and $152,000 for economic damages. However, due to a cap deduction on the non-economic damages, the total award was reduced to $452,000.

Deliberation

1.5 days

Poll

unanimous

Length

eight days