Facts

Plaintiff Kim Valentine entered the San Jose Police Academy as a cadet in July 2009. She thereafter failed a mandatory skills training test involving a mock death investigation. She failed the test again in September and was released from the academy.

Prior to taking the second test, Valentine claimed Training Officer Kirk Niemeyer harassed her. She then sued Niemeyer, Sergeant Chris Monahan, Training Officers Keith Liu and Robert Kurrle, and the City of San Jose alleging gender harassment and discrimination, retaliation, and wrongful termination. Valentine voluntarily dismissed several of the defendants, leaving only Niemeyer.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that Defendant confronted her during lunch and said she would be better off "selling makeup or Tupperware to his wife" and that her husband, also a San Jose Police Officer, "lied to her when he said she could be a cop." Plaintiff contended that Defendant's remarks constituted gender harassment and discrimination. She then contended that the City further retaliated against her by termination her from the academy. Moreover, Plaintiff contended that the City knew of Defendant's harassment, but did not take any action to stop it.

DEFENDANT'S CONTENTIONS:
Although Defendant did not dispute making such remarks to Plaintiff, he contended that he meant them to motivate her prior to the second test. Defendant further contended that such remarks were not harassment because it was a one-time event and it was not continuous or ill willed. Defendant further contended that Plaintiff was released from the academy for having failed the skills training twice, which was automatic grounds for being released.

Damages

Valentine sought recovery of $180,000 in economic damages, which constituted three years of unpaid salary as a police officer. She also sought $500,000 in non-economic damages for the emotional distress she suffered as a result of being released from the academy.

Injuries

Valentine suffered from emotional distress.

Result

Although the jury determined that Valentine was subjected to harassment, it also found that Niemeyer's conduct was not severe or pervasive. The jury, therefore, rendered a defense verdict.

Deliberation

3.5 hours

Poll

11-1 (gender harassment)

Length

eight days