Arthur Rose v. Donald C. Winter, Raymond E. Mabus
Published: Apr. 16, 2011 | Result Date: Dec. 6, 2010 | Filing Date: Jan. 1, 1900 |Case number: 3:08-cv-01471-BTM-BLM Verdict – Defense
Court
USDC Southern District of California
Attorneys
Plaintiff
Christopher J. Reichman
(Prato & Reichman APC)
David C. Beavans
(Law Offices of David C. Beavans APC)
Defendant
Raven M. Norris
(Office of the U.S. Attorney)
Facts
The Marine Corps. Air Station Miramar employed Arthur Rose in the aviation fuel department from 1976 to 1997. Rose began work servicing and fueling aircraft and was promoted to Supervisor before retiring in 1997. In 1993, Rose filed an administrative complaint, alleging deprivation of his civil rights.
Contentions
PLAINTIFF'S CONTENTIONS:
Rose contended he was denied temporary leave by his employer. Rose then filed suit against Donald Winter and Raymond Mabus, United States Secretaries of the Navy, alleging he was deprived of his civil rights, discriminated against, and retaliated against. Rose contended that in 1993, he was denied temporary leave from his job after a request because weekend work rotations prevented him from coaching for his son's little league team. He further alleged that the denial was due to his Caucasian race and color, and that he was being retaliated against for challenging a prior decision not to promote him.
DEFENDANT'S CONTENTIONS:
The defense denied the claims, contending that the decision to deny Rose's leave had nothing to do with race or color, nor was it retaliatory. The defense claimed the decision was based on routine practice, and legitimate business reasons.
Damages
Rose sought unspecified damages, attorney fees, and costs.
Injuries
Rose claimed to suffer emotional distress.
Result
The jury rendered a verdict for the defense.
Deliberation
80 minutes
Poll
7-0
Length
five days
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