Robert Salem v. Cal Terhune, Roy Castro, Yvonne Keigher, David Runnels, Valerie Hicks
Published: Jan. 19, 2005 | Result Date: Jul. 9, 2004 | Filing Date: Jan. 1, 1900 |Case number: CIVS001714 Verdict – $0
Judge
Court
USDC Eastern
Attorneys
Plaintiff
Defendant
Alice Kay Lauterbach
(Office of the Attorney General)
Facts
From August 1999 to February 2000, plaintiff Robert Salem, a 42-year-old medical technical assistant for the California Dept. of Corrections, alleged that he was subjected to an internal affairs investigation for false charges of post abandonment, denied a promotion, removed from his position in a specialty clinic and berated by two supervisors. In January 1999, plaintiff complained to California OSHA regarding unsafe working conditions at High Desert State Prison. He complained that the prison did not follow regulations for needle disposal and that employees were made to bring needles into the prison yard to treat inmates. He alleged the employees were not given any type of container to put the needles in and that they had to be carried in their pockets. California OSHA cited the prison.
Settlement Discussions
The plaintiff made a demand of $200,000; there was no defense offer.
Damages
The plaintiff claimed he was not promoted to correctional counselor because of the retaliation. He sought damages for the difference in pay between his position and the position he sought, about $2,000 per month. The plaintiff also claimed that the retaliation caused him depression, anxiety and headaches. He sought damages for pain and suffering.
Result
The director of the California Dept. of Corrections was dismissed on the second day of trial. The jury found for defendants.
Other Information
This case went to trial after the Ninth Circuit reversed the district court's granting of defendants' motion for summary judgment. See Salem v. Terhume, 72 Fed.Appx. 670 (9th Cir. 2003).
Deliberation
25 minutes
Poll
9-0
Length
four days
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