Facts

Brett Mattson, Phillip Sarver, and Brian Stein completed their recruit training at the Los Angeles Fire Department (LAFD). They attended a graduation party with 40 recruits in their recruit training session and training instructors on the evening of Oct. 21, 2004. An open bar paid for and provided by all of the recruits was a longstanding traditions. Alcoholic beverages were consumed at the party.

Graduation took place the following day. The three recruits failed to arrive at the mandatory arrival time of 8:00 a.m. Due to rush hour traffic, they arrived between 30 to 45 minutes late and were segregated from other members of the class. They were advised that they would not graduate and was required to take a urine test. Each took a single void urine test.

Days later, the Deputy Chief advised each recruit that their urine test exceeded the 0.01 LAFD zero tolerance alcohol standards and that they had been under the influence of alcohol and unfit for duty when they reported for work on Oct. 22. The Deputy Chief executed the recruits' discharge papers. Each recruit requested an opportunity to review the evidence, requested representation and an opportunity to clear their names and respond to the charges. The LAFD refused the recruits' requests.

Mattson, Sarver and Stein filed a complaint for civil rights violation under 42 U.S.C. Section 1983 against Fire Chief William Bamattre, Deputy Chief Andrew Fox, and the City of Los Angeles as well as violation of California Government Code Section 12940(j) against the city and defeamation claims against Fox and Deputy Chief Tony Varela.

Result

The jury rendered a verdict in favor of the defense on all claims.