Facts

After 21 years with the Orange County Sheriff's Dept., plaintiff William Hunt, the chief of police services for the city of San Clemente who had unsuccessfully run in an election against the incumbent Sheriff, alleged that he was constructively discharged and forced to resign on Dec. 22, 2006. Hunt sued the County of Orange and Sheriff-Coroner Michael Carona. The county was later removed from the case based on the fact that the complaint asserted only a claim against Carona.

PLAINTIFF'S CONTENTIONS:
Hunt claimed that Carona violated his First Amendment rights and retaliated against Hunt for his participation in his 2005-2006 campaign for Carona's position. Hunt contended that he demoted three ranks and was placed on administrative leave prior to his discharge. Hunt claimed this was uncalled for, as his activities did not disrupt his work or position, nor did it result in any complaints.

DEFENDANT'S CONTENTIONS:
Defendants contended that Hunt was a policymaker within the Orange County Sheriff's Department and, as a result, his loyalty to management was a legitimate job requirement for his high ranking position and his speech was not protected. The defense contended that, under the prevailing law, Hunt had no first amendment right to make the statements he made critical of the Sheriff, the management of the department, and the Department itself. Moreover, the defense claimed, many of the comments he made related to sensitive and confidential issues he learned of only as a result of his job duties and his conduct was both disruptive and harmful to the Department.

Settlement Discussions

Hunt initially demanded $10,000,000 which, prior to trial, was reduced to $4,500,000 plus $477,600 in attorney fees. The defense offered a waiver of costs and fees in exchange for a release of all claims.

Specials in Evidence

Hunt claimed lost wages in excess of $1 million.

Damages

Hunt claimed salary reduction, diminution of benefits, and personal and professional humiliation. Over $1 million in damages were requested for emotional distress, pain and suffering, punitive damages, and attorney fees.

Injuries

Hunt claimed emotional distress.

Result

The jury was given dozens of special interrogatories to answer as predicate factual determinations for the court to use in deciding the Constitutional issues. Based on those jury findings, the court found Hunt was subject to demotion or discharge based on his conduct because he was a policymaker under the Sheriff. However, the court also determined that the First Amendment did not apply to Hunt in this matter and that Carona enjoyed qualified immunity. The court entered judgment in favor of the defense.

Other Information

JUDGES: Marc L. Goldman, Margaret M. Morrow.

Deliberation

two days

Length

two weeks