Facts

In 2004, Christopher Goleco began working for the California Department of Corrections and Rehabilitation as a medical technical assistant. On September 10, 2004, Goleco was working as an ambulance driver at the California State Prison in Lancaster, and he responded to an alarm in the segregation housing unit. Goleco arrived on the scene to discover corrections officers standing around the bloodied body of an inmate with an obvious, gaping head wound. There was no medical technical assistant on the scene when Goleco arrived even though there was supposed to be a medical technical assistant assigned to each unit. Goleco examined the inmate, and he attended to the head wound and attempted CPR. Medical personnel, including Goleco, were ordered by the officer in charge at the scene not to remove the body for a period of time because he had declared the location a crime scene. Later, the inmate was taken to and pronounced dead at the central infirmary. Evidence would eventually show that the inmate had been dead for up to an hour before Goleco had even arrived on the scene.

Over a year later, in early October 2005, Goleco was served with a notice of adverse action seeking to dismiss him. The notice alleged that he had failed to provide emergency medical treatment to the dead inmate in a timely fashion. Goleco challenged the adverse action. An Administrative Law Judge ultimately determined that Goleco had performed the best he could under the circumstances, and that even though mistakes may have been made by Goleco and other medical personnel, the largest obstacle to the inmate getting appropriate medical assistance had been the commanding officer at the scene. The CDCR challenged the findings of the ALJ and obtained a reversal of the decision from the State Personnel Board. Goleco filed a petition for writ of mandamus in the Superior Court and obtained a ruling allowing new evidence to be presented and reconsideration of the SPB's decision. In 2010, a second ALJ ruled in favor of the CDCR, and the SPB sustained the termination. Then, Goleco petitioned the Superior Court again to set aside the SPB's decision in January 2011. On March 20, 2012, the Superior Court granted Goleco's petition and ordered he be reinstated with full back pay and benefits. CDCR appealed that decision in April of 2012, and the Court of Appeal affirmed the ruling of the Superior Court in August 20, 2013. Goleco was reinstated, but between his dismissal and reinstatement, the position of medical technical assistant had been eliminated, so he was placed in a transitional academy program to learn the duties of a corrections officer. Finally, in October of 2014, he was fully reinstated as a corrections officer.

In July 2015, Goleco still had not received his back pay and benefits, and he filed a complaint against CDCR seeking damages and equitable relief.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that the CDCR had retaliated against him and had refused to promptly reinstate him; had failed to pay him all the undisputed back wages he was owed; had failed to credit him with the undisputed benefits and seniority to which he was entitled; and had failed to provide him with a timely accounting of the wages and benefits he was owed.

DEFENDANT'S CONTENTIONS: Defendant contended that Goleco's suit was based on its protected petitioning activity under California's anti-SLAPP statute; that Plaintiff could not meet his burden of proof because he had not engaged in any protected whistleblower activity and had not been subject to any adverse employment action; and that any delay in complying with the SPB's order was due to Plaintiff's refusal to respond to CDCR's requests for information.

Damages

Goleco suffered lost wages, benefits, and psychological and emotional distress from constant financial pressure over a period of years.

Result

Jury verdict in favor of Goleco in the amount of $4.075 million.