Facts

In 1985, the Orange County District Attorney's Office hired Joseph Smith as a deputy district attorney. In 1998, defendant Tony Rackauckas became the district attorney and instituted changes to the structure of the office. Plaintiff sued County of Orange and Rackauckas for retaliation, claiming violations of his rights under the First Amendment, after he was transferred several times to other divisions allegedly for raising concerns about the conduct of the district attorney's office. Plaintiff resigned after he was transferred to the Family Support Division (which unit was itself to be removed entirely from the District Attorney's Office, a fact known at the time of the transfer).

PLAINTIFF'S CONTENTIONS:
Smith alleged that he expressed concern about members of the district attorney's office using badges to gain favorable treatment from police officers, after which he was transferred to another unit in the office. Further, Smith alleged that his employer transferred him again after he complained about Rackauckas' conduct to the attorney general's office. Smith claimed that the office transferred him a third time when he supported Rackauckas' opponent.

DEFENDANT'S CONTENTIONS:
The defense asserted that Smith and Rackauckas could not work together in an efficient manner due to different political affiliations.

Result

The jury returned a defense verdict.

Other Information

FILING DATE: March 4, 2003.

Length

eight days