Facts

In 2005, plaintiff David Henderson, a policeman of 22 years, was demoted from lieutenant to sergeant and given administrative leave. In July and Nov. 2004, Henderson claimed that a Desert Hot Springs city worker issued a letter containing false statements. He also reported that this individual filed a fraudulent unemployment request. This individual was forced to resign and later, was prosecuted for her conduct.

In Dec. Henderson claimed that a city council member had voted on issues affecting his own property. In Feb. 2005, Henderson conferred with a city council member regarding issues with the city of Desert Hot Springs Police Department.

On June 8, Henderson, while in his patrol car, suffered an accident and did not return to work due to injury. On June 30, Henderson's position was eliminated and he was made sergeant.

In Sept. Henderson testified before a grand jury that ex-city manager, Jerry Hanson, was attempting to reach a deal on behalf of the city, which would also provide personal financial benefits. During this proceeding, he was asked to document his adverse experiences with Walter McKinney, the city's chief of police. McKinney learned of this later.

On Oct. 13, McKinney put Henderson on administrative leave until May 1, 2007, when approval of disability was granted.

PLAINTIFF'S CONTENTIONS:
Henderson brought an action against the city, Hanson and McKinney pursuant to 42 U.S.C. section 1983, claiming he was retaliated against because he exercised protected speech. Further, he alleged violations of his First and Fourteenth amendment rights.

Damages

Henderson claimed that he was entitled to unspecified general as well as punitive damages, and injunctive relief to have his previous position reinstated. In addition, he asked for approval regarding disability retirement.

Result

A settlement of $40,000 was reached. Henderson also received $7,500 as a result of his workers' compensation case against the city. Further, Henderson received approval on his disability retirement.