Facts

Plaintiff DeWayne Stancill, a former San Leandro police officer, sued the City of San Leandro alleging that he was denied permanent status as a sergeant and was wrongfully terminated.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended he was terminated because he: (1) complained about alleged racial harassment; and (2) complained that a subordinate made a threatening comment about him. Stancill also alleged that the City intentionally inflicted emotional distress upon him by not making him a permanent sergeant and for terminating him. Finally, Stancill alleged that the City unlawfully failed to prevent harassment and discrimination against him by not appropriately responding to his allegation that his union and officers that competed against him for the promotion shunned and degraded him.

DEFENDANTS' CONTENTIONS:
Defendants contended that Stancill engaged in and was disciplined for unprofessional conduct towards several female police officers. Defendants contended that Stancill later complained that he was shunned by the Police Officers Association and officers that competed against him for a promotion. The City retained a neutral third-party investigator that concluded that Stancill was not subjected to any wrongful conduct based on his race.

Defendants contended that Stancill did not pass probation as a sergeant and was returned to the position of police officer because he engaged in multiple acts of misconduct and exercised poor judgment while working as a sergeant. Defendants contended that Stancill admitted in his lawsuit that he was not denied permanent status as a sergeant because of his race, and the settlement between the parties confirmed that he failed to pass probation as a sergeant.

Defendants contended that the City proposed to terminate Stancill from his employment with the City because it was believed that he was untruthful and dishonest during the City's investigation into his alleged misconduct. Stancill admitted during the lawsuit that this proposed decision was not made because of his race. Stancill was thereafter exonerated of the charges of dishonesty and retired from his City employment as a police officer.

Result

The City of San Leandro agreed to pay $314,000, consisting of $135,000 in damages and $179,000 in attorney fees, to settle Stancill's claims. As part of the settlement, Stancill acknowledged his permanent separation from City employment and agreed that he possesses no rights or claims to future employment with the City. Stancill also dismissed his pending arbitration and unemployment claims and waived any and all claims against the City.