Shelly M. Greenwalt v. Twin Rivers Unified School District
Published: May 3, 2014 | Result Date: Dec. 18, 2013 | Filing Date: Jan. 1, 1900 |Case number: 34-2012-00132239 Settlement – $400,000
Court
Sacramento Superior
Attorneys
Plaintiff
Mary-Alice Coleman
(Law Office of Mary-Alice Coleman PC)
Defendant
David P.E. Burkett
(Porter Scott APC)
Facts
Plaintiff Shelly M. Greenwalt was hired by defendant Twin Rivers Unified School District's Police Department in 2009 as a Volunteer Reserve Officer.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff was hired as the only female among a group of Volunteer Reserve Officers. The Reserve Officers were told, allegedly falsely, that during the time they were being trained by the district, their work would be unpaid. The male reserve officers reportedly progressed smoothly through the four training phases, and they timely promoted into paid, regular positions as police officers.
Plaintiff claimed her training, however, progressed very differently. From August 2009 until March 2011, plaintiff continued in various phases of unpaid training. Plaintiff generally worked more than 40 hours per week, without compensation, and suffered numerous insults, indignities, and assaults, while male reserve officers were not subjected to similar treatment. Plaintiff claimed she was berated for speaking up during briefings; she was ordered to be the target for canine practice and demonstrations without training or proper safety equipment; she was called stupid and an idiot by one field training officer whose advances she had previously rejected; another training officer threw water in her face; and she was ordered without justification to repeat and/or complete additional training phases.
In March 2011, plaintiff was called into the lieutenant's office and ordered to sign a prepared letter of resignation.
Subsequently, plaintiff attempted to enlist help from the district's police union, to which she had been required to pay monthly dues during her volunteer employment, only to be threatened with retribution by the union president if she filed any complaints about the police department.
Nine months later, numerous improprieties within the police department allegedly came to light, and plaintiff learned that she and other volunteer reserve officers were not volunteers after all and were in fact owed wages and benefits for their work on behalf of the district's police department. Plaintiff claimed defendant quickly resolved the back pay issues with the male officers, who were by this time full-time police officers with the district, but defendant refused to make plaintiff whole, even though it conceded that it owed her wages and benefits for about 750 hours of regular work and 207 hours of overtime.
Settlement Discussions
The parties participated in an unsuccessful mediation on Aug. 14, 2013 before Vivien B. Williamson of Dispute Resolution Services.
Damages
Plaintiff claimed emotional distress and wage and hour violations.
Result
The case settled for $400,000.
Other Information
After plaintiff filed her civil complaint in September 2012, defendant retained new counsel. Settlement negotiations commenced and all discovery was postponed pursuant to stipulation. The parties participated in one day of formal mediation, which was unsuccessful. In December 2013 a settlement of $400,000 was reached. Plaintiff became a full-time police officer with defendant. FILING DATE: Sept. 21, 2012.
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