Facts

Plaintiff David Podesta joined the Los Angeles Police Department in 1995. In 2009, plaintiff was a Sergeant II Officer in Charge of the Community Relations Office at LAPD's West L.A. Division.

Plaintiff filed suit against the City of Los Angeles, the Los Angeles Police Dept., Chief Charlie Beck, Deputy Chief Debra McCarthy, Captain Evangelyn Nathan, and Captain Ruben De La Torre, in connection to an employment dispute.

PLAINTIFF'S CONTENTIONS:
Plaintiff, who is Caucasian, claimed that within six months of the arrival of a new Area Commanding Officer, Captain Evangelyn Nathan, who is African-American, to the West L.A. Division, multiple anonymous letters complaining about discrimination and retaliation at West L.A., specifically the preferential treatment of African-American officers, were sent to the LAPD command staff of the highest levels.

Over the next few years, after reporting what he believed to be violations of law by command staff, including a Captain covering his license plate with duct tape to avoid paying highway tolls, plaintiff received a series of negative Comment Cards and Notices to Correct (adverse documentation in plaintiff's personnel package). Plaintiff's chain-of-command was also altered by Captain Nathan, as a subordinate African-American officer was no longer required to report to him. Captain Nathan also initiated an Internal Affairs Complaint against plaintiff for failing to complete a project in a timely manner. Another Internal Affairs complaint was levied against plaintiff for allegedly failing to provide the Captain notice of certain events, but later was deemed unfounded. Based on the negative documentation and internal complaints, plaintiff was demoted by the Captain from Sergeant II to Sergeant I and was thereafter transferred to another division.

Plaintiff asserted claims of violations of the Fair Employment and Housing Act for disability discrimination, racial discrimination, retaliation, harassment, and violation of California Labor Code 1102.5.

DEFENDANTS' CONTENTIONS:
Defendants contended that prior to the arrival of Captain De La Torre, and Captain Nathan, plaintiff had already been spoken to about conduct issues, including taking vacation time without prior approval. Prior to the defendant Captains' arrival, plaintiff had also been suspended for four days due to a complaint filed by a black female subordinate that was offended by a racially charged remark made by plaintiff.

Result

The case settled for $1.1 million.

Other Information

FILING DATE: Feb. 10, 2012.