Kenneth Hahus v. County of Fresno, Fresno County Office of the District Attorney, Elizabeth Egan
Published: Mar. 11, 2006 | Result Date: Nov. 18, 2005 | Filing Date: Jan. 1, 1900 |Case number: 04CECG01667 Verdict – $0
Judge
Court
Fresno Superior
Attorneys
Plaintiff
David D. Doyle
(Doyle & Fortune, Attorneys at Law)
Defendant
Michael G. Woods
(McCormick Barstow LLP)
Facts
Kenneth Hahus, a 53-year-old assistant district attorney with the Fresno County District Attorney's office, was terminated in 2003. The decision to fire Hahus was made after his personnel file was reviewed and after he received two DUIs. Hahus sued the County of Fresno, the Fresno County Office of the District Attorney and District Attorney Elizabeth Egan. Hahus alleged breach of contract and retaliation. Judge Mark Snauffer dismissed Egan on summary judgment because she was not considered an employee under California Labor Code Section 1102. The judge also dismissed the breach of contract claim because the Hahus was an at-will employee.
Settlement Discussions
The plaintiff demanded reinstatement.
Specials in Evidence
$406,439 $71,347 for future lost benefits; $882,236 for lost retirement benefits.
Damages
The plaintiff sought unspecified damages for emotional distress caused by the loss of his job.
Result
The jury returned a defense verdict on a mixed-motive instruction. The jury determined that political retaliation was a reason for Hahus' termination but also determined that Hahus would have been fired for his DUIs anyway.
Deliberation
eight hours
Poll
10-2 (that Hahus was fired for his political support of Egan's opponent), 9-3 (that Hahus would have been terminated anyway)
Length
eight days
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