Facts

Plaintiff Richard Fitzgerald, a Deputy Sheriff, worked in the investigations unit as a detective for 17 years. After a new sheriff was elected, plaintiff and three other detectives were reassigned to patrol to create openings and opportunities for other deputies to gain investigations experience. Plaintiff resigned and retired in lieu of the reassignment.

PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that his reassignment was motivated by age discrimination, retaliation for employee speech and opposition to age discrimination, and violated his rights to due process. Plaintiff also argued that his reassignment to patrol amounted to constructive discharge because, in his view, at age 56, he was too old for the rigors of patrol work.

DEFENDANT'S CONTENTIONS:
Defendant claimed that after Sheriff D'Agostini took office in 2011, he received feedback from multiple sources (including an internal employee survey and a Grand Jury report) with regard to a chronic lack of opportunity to work in specialty assignments, like investigations. Defense contended that in order to increase training and experience, the Sheriff exercised his management rights to reassign personnel and create openings and opportunities in specialty assignments. Plaintiff was one of several deputies selected for reassignment. Defense contended that plaintiff had been in investigations the longest and it was now someone else's turn. Defense asserted that plaintiff's age and speech activities were not factors.

Result

Defense verdict.

Other Information

FILING DATE: Dec. 4, 2012.

Deliberation

two hours

Poll

8-0

Length

two weeks