Douglas E. Hines, Jr. v. Department of Corrections, et al.
Published: May 24, 1997 | Result Date: Mar. 21, 1997 | Filing Date: Jan. 1, 1900 |Case number: 159175 – $0
Judge
Court
Marin Superior
Attorneys
Plaintiff
Defendant
William F. Murphy
(Dillingham & Murphy LLP)
Experts
Plaintiff
Michael Tiktinsky
(technical)
Defendant
Richard Berkson
(technical)
Facts
In 1978, plaintiff Douglas Hines, a 43-year-old caucasian man, was hired as a correctional officer for the defendant State of California. He was also active and was chapter president of the correctional officers union, CCPOA. During his employment at San Quentin State Prison, the plaintiff alleged he became aware of racial discrimination against African American correctional officers at the prison in his role as chapter president of the CCPOA. In 1991, the plaintiff complained to the director of the Department of Corrections, of alleged discrimination and racial favoritism. Thereafter, the defendants allegedly retaliated agent the plaintiff by circulating a memorandum that the plaintiff found offensive, investigating his conduct toward a co-worker, delaying his requests for release from his job duties to perform union activities, denying him his rights as a union steward and other acts which the plaintiff claimed restricted his union activities, thereby creating a hostile work environment. The plaintiff took an occupational disability retirement one year before trial. The plaintiff brought this action against the California Department of Corrections, former warden Daniel Vasquez, Correctional Lieutenant Theodore Shelton, Correctional Lieutenant Manuel Perez, and Correctional Lieutenant Stephen D. Kluger based on retaliation, aiding and abetting and conspiracy theories of recovery.
Settlement Discussions
The plaintiff made a settlement demand for $2.9 million. The defendant made no settlement offers.
Specials in Evidence
$__________________ $____________________ $____________________ $__________________
Injuries
The plaintiff alleged he suffered post-traumatic stress disorder and various physical ailments as a result of the psychiatric condition.
Other Information
The verdict was reached approximately three years and three months after the case was filed. A settlement conference was held on Feb. 5, 1996. It did not resolve the matter. The jury deadlocked 8 to 4 in favor of two of the individual defendants on the conspiracy claim. The court granted the two remaining defendants' motions for entry of judgment, pursuant to C.C.P. º630(f). POST TRIAL MOTIONS: The plaintiff's motions for new trial and for judgment nothwithstanding the verdict were denied. EXPERT TESTIMONY: Per counsel for the defendant state, the plaintiff's expert was unable to establish that race was a cause of the disciplining actions against African Americans.
Deliberation
5+ days
Poll
varied
Length
70 days
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