This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Employment Law
Retaliation
Sexual Harassment

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

David De Alba

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.


#136505

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390