Johnny Chaney v. State of California
Published: Jan. 4, 2005 | Result Date: Oct. 20, 2004 | Filing Date: Jan. 1, 1900 |Case number: RIC390009 Verdict – $345,000
Judge
Court
Riverside Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Wendy Durkee
(medical)
Defendant
Mark A. Kalish, M.D.
(medical)
Facts
The plaintiff was a probationary correctional officer with the State of California from July 7, 2001 to June 6, 2002 during Academy training and employment at Chuckawalla Valley State Prison in Blythe. The plaintiff claimed he was subjected to one incident of physical harassment and continuous verbal harassment from co-workers because of his homosexual orientation. He complained at the Academy both orally and in writing. An investigation did not sustain his claims of harassment. Thereafter, at Chuckawalla Valley State Prison, the plaintiff claimed verbal harassment by co-workers was witnessed by supervisors who took no action to end the harassment. The plaintiff was rejected on probation for being absent without leave, violating the Department's policies limiting swaps and shifts worked, and for being discourteous to a supervisor. The plaintiff contended the action was excessive and that two standard performance evaluations were not included in the package of documents the decision maker considered.
Settlement Discussions
The plaintiff demanded $400,000. There were no offers.
Deliberation
two days
Poll
9-3 (sexual harassment), 12-0 (discrimination)
Length
12 days
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