Philip DeTeresi v. City of Los Angeles, Kenneth Lew
Published: Nov. 19, 1994 | Result Date: Nov. 9, 1994 | Filing Date: Jan. 1, 1900 |Case number: BC052988 – $814,000
Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Defendant
Patricia A. Kinaga
(LTL Attorneys LLP)
Experts
Plaintiff
Ernest Schmelling
(technical)
Bryan C. Conley
(technical)
Defendant
Mark Conta
(technical)
Facts
Plaintiff Philip DeTeresi entered the Defendant LAPD police academy on August 14, 1989. Four weeks short of graduation, from a course which then lasted 28 weeks, Plaintiff was dismissed for failing 3 times to achieve a score of 18 on 2 areas of self defense, gun take away and front smash. When an area of testing within the police academy is failed, the test graders are usually changed; in Plaintiff's case, 2 of the 3 graders remained the same, allegedly due to a staff shortage. Plaintiff had allegedly excelled in all other areas of testing, including driving, shooting (Plaintiff received a medal), CPR, academics, and weapons of self defense. Plaintiff was 41 years of age at the time.
Settlement Discussions
Plaintiff contends he demanded back wages, attorney fees, and that he be allowed to graduate with the next graduating class of the academy; and Defendants offered to place Plaintiff back in the academy (to start over) and $50,000.
Specials in Evidence
$350,000
Damages
Back wages and legal costs.
Deliberation
3 days
Poll
as to City 9-3, as to Lew 12-0
Length
12 days
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