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Employment Law
Wrongful Discharge
Discrimination

Terry Freese v. Office of Sheriff Adams County

Published: Feb. 3, 1996 | Result Date: Sep. 25, 1995 | Filing Date: Jan. 1, 1900 |

Case number: 94N1434 –  $251,241

Judge

Edward W. Nottingham

Court

USDC Colorado


Attorneys

Plaintiff

Christopher Forrest

Michael E. Gurley

Gregory W. Smith
(Law Offices of Gregory W. Smith LLP)


Defendant

Marlene T. Gresh

Sylvia Kirk


Experts

Plaintiff

J.G. Benedict
(medical)

Robert F. Aucone
(technical)

Facts

On July 25, 1992, the plaintiff, Terry Freese, a 16 year veteran of the defendant Adams County Sheriff's Department, was in his 40's. The plaintiff alleged that he possessed an exemplary service record with the defendant, Adams County Sheriff's Department until he came under the supervision of Division Chief Karm Sunday ("Ms. Sunday") in his last year and a half of employment with the defendant, Adams County Sheriff's Department. The plaintiff's performance review under Ms. Sunday's supervision was very poor. Ms. Sunday took numerous disciplinary actions against the plaintiff for various alleged violations of department policy including violations of the vehicle pursuit policy. The plaintiff alleged that Ms. Sunday subjected him to disparate treatment by taking disciplinary actions against him and scrutinizing his job performance more severely than other employees. The plaintiff's employment was terminated on July 25, 1992. Prior to Ms. Sunday's supervision of the plaintiff, the plaintiff and Ms. Sunday had interacted outside of the work environment as the plaintiff dated and married the ex-wife of Ms. Sunday's live-in boyfriend. The plaintiff brought the action against the defendant based on the United States Constitutional, State Constitutional and common law theories of recovery including a civil rights violation.

Settlement Discussions

The plaintiff made a $300,000 settlement demand. The defendant made no settlement offer.

Specials in Evidence

$________ not claimed $____________ $__________

Damages

$140,000 for lost pension benefits.

Other Information

The verdict was reached approximately one year and three months after the case was filed.

Deliberation

8 hours

Poll

7-0

Length

4 days


#78613

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