Rita Martell v. The State of California; The California Department of Corrections and Rehabilitation; Pelican Bay State Prison; Travis Stover, an individual; Robert Martinez, an individual; and Does 1-50, inclusive
Published: Feb. 5, 2021 | Result Date: Oct. 7, 2019 |Case number: 34-2017-00212818-CU-CR-GDS Settlement – $425,000
Judge
Court
Sacramento County Superior Court
Attorneys
Plaintiff
Patrick P. McNicholas
(McNicholas & McNicholas)
John W. Dalton
(Law Offices John W. Dalton)
Defendant
Lyn Harlan
(Office of the Attorney General)
Facts
Plaintiff Rita Martell, a psychiatric technician at Pelican Bay State Prison, filed suit against Defendants Travis Stover, Robert Martinez, the State of California Pelican Bay State Prison, and the California Department of Corrections and Rehabilitation for claims of retaliation, sexual harassment, gender discrimination, and sexual assault.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff contended she was subjected to sexual harassment and gender discrimination by correctional officers Robert Martinez and Travis Stover. Plaintiff contended as a result of the harassment, Defendants actions created a hostile work environment that continued until August 2016, when Defendant Martinez assaulted Plaintiff. Plaintiff further contended that she had reported the officers' conduct, but no disciplinary actions were taken against Defendants and instead Plaintiff received a negative performance evaluation and was disciplined for alleged policy violations.
DEFENDANTS' CONTENTIONS: Defendants denied Plaintiff's contentions and contended the prison was not aware of the correctional officers' alleged conduct and that any alleged inappropriate conduct was not directed at Plaintiff. Defendants further contended that Plaintiff was the only female who complained about the alleged conduct, and no other females found the conduct offensive.
Result
The parties agreed to settle for $425,000.
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