Edward Jordan, De'Wana Hubbard v. City of Los Angeles
Published: May 15, 2020 | Result Date: Oct. 18, 2019 | Filing Date: Mar. 18, 2015 |Case number: BC575699 Verdict – Defense
Judge
Court
Los Angeles County Superior Court
Attorneys
Plaintiff
Matthew S. McNicholas
(McNicholas & McNicholas LLP)
Courtney C. McNicholas
(McNicholas & McNicholas LLP)
Douglas D. Winter
(McNicholas & McNicholas LLP)
Defendant
Linda Miller Savitt
(Ballard, Rosenberg, Golper & Savitt LLP)
Philip L. Reznik
(Ballard, Rosenberg, Golper & Savitt LLP)
Facts
Los Angeles Police Department detectives Edward Jordan and De'Wana Hubbard worked as supporting investigators in the Civil Litigation Section, an LAPD unit located within the offices of the City Attorney on the sixth floor of City Hall East. Both are African-American. In August 2014, a Caucasian detective tossed a banana peel into Jordan's cubicle. Both Jordan and Hubbard believed this was a racial taunt. They reported the incident and asked to be removed from any assignment on the sixth floor of CHE. Plaintiffs were reassigned, and remained reassigned, to positions outside the City Attorney's offices.
Plaintiffs sued the city claiming racial discrimination, racial harassment and retaliation. Their race discrimination and harassment claims were summarily adjudicated and dismissed, leaving only their retaliation claim for trial.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiffs claimed the positions to which they were reassigned were less desirable, that they were assigned undesirable workspaces, and that they were either given no work assignments or given assignments which were humiliating because they were usually performed by lower-ranked officers.
DEFENDANT'S CONTENTIONS: Defendant denied the contentions.
Settlement Discussions
Plaintiff's pre-trial demand was $3.5 million, later reduced to $1.6 million. The city's final pre-trial offer was $500,000.
Damages
In closing argument, Jordan asked for $3 million to $5 million for past emotional distress, and $1 million to $3 million for future emotional distress - a total of $4 million to $8 million in emotional distress damages. Hubbard asked for $2 million to $3 million for past emotional distress, and $1 million to $2 million for future emotional distress - a total of $3 million to $5 million in emotional distress damages. She also sought $771,993 in lost earnings, based on her alleged retirement five years earlier than planned.
Result
The jury returned a defense verdict, finding neither Jordan nor Hubbard suffered adverse employment action.
Deliberation
two days
Poll
9-3 (defense verdict against Jordan), 11-1 (defense verdict against Hubbard)
Length
11 days
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