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Employment Law
Wrongful Termination
Retaliation

Christopher Cerbone v. Roman Catholic Bishop of Sacramento, and Does 1 through 9, inclusive

Published: Apr. 18, 2015 | Result Date: Mar. 12, 2015 | Filing Date: Jan. 1, 1900 |

Case number: 34-2013-00140297-CV-WT-GDS Verdict –  $900,000

Court

Sacramento Superior


Attorneys

Plaintiff

David A. Lowe

Erin M. Pulaski
(Rudy, Exelrod, Zieff & Lowe LLP)

Tyler F. Clark
(Clark Employment Law APC)


Defendant

Thomas A. Johnson

James F. Sweeney

Stephen J. Greene Jr.
(Greene & Roberts LLP)

R.G. Shannon


Facts

Christopher Cerbone sued the Roman Catholic Bishop of Sacramento over his firing as head football coach and physical education teacher from St. Patrick - St. Vincent High School, which is part of the Roman Catholic Diocese of Sacramento.

Contentions

PLAINTIFF'S CONTENTIONS:
While working as head football coach and physical education teacher at St. Patrick - St. Vincent High School, Cerbone learned of sexual abuse and hazing that occurred between members of the football team. He notified school administration and the Diocese conducted an investigation. Cerbone was fired after the investigation was completed. He alleged he was fired in retaliation for reporting the abuse and brought claims for unlawful retaliation, wrongful termination and defamation.

DEFENDANT'S CONTENTIONS:
The Diocese claimed Cerbone's firing was lawful and for cause because he had ultimate responsibility over the football players as head coach during the time of the misconduct. It also claimed that its statements to the media about Cerbone were not defamatory because they were truthful.

Result

The jury returned a verdict in Cerbone's favor on his unlawful retaliation, wrongful termination and defamation claims and awarded him $900,000 in compensatory damages. The parties then entered into a stipulated judgment in Cerbone's favor on all causes of action in the amount of $4 million, inclusive of his attorney fees and costs.

Other Information

FILING DATE: Feb. 20, 2013.


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