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Employment Law
Discrimination
Retaliation

Wayne Guillary v. City of Los Angeles

Published: Dec. 3, 2016 | Result Date: Jun. 10, 2016 | Filing Date: Jan. 1, 1900 |

Case number: BC593413 Settlement –  $500,000

Court

L.A. Superior Central


Attorneys

Plaintiff

Matthew S. McNicholas
(McNicholas & McNicholas LLP)


Defendant

Jenna B. Galas
(Office of the Los Angeles City Attorney)


Facts

Los Angeles Police Department veteran Sergeant Wayne Guillary, 34, filed suit against the City of Los Angeles, involving an employee dispute.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff claimed that in 2013, when he was berated and demeaned by a captain for merely informing his supervisor of a traffic accident in which an officer was taken to the hospital. Plaintiff emailed his chief to express his concerns about what he believed was a racially related comment. Plaintiff also claimed that in 2014, when he spoke out against LAPD Chief Charlie Beck's handling of a white officer who allegedly made racial slurs against black people in a bar while off duty.

Plaintiff alleged that in 2014, he appeared before the Board of Police Commissioners to report various captains for participating in the "ghost cars" scheme, where patrol divisions would have people log into squad car computers to make it appear that they were on patrol, when they really were not.

Plaintiff also alleged that in 2015, he received his first Notice to Correct Deficiencies for allegedly not informing his Captain, who had gone home for the night, about a late-night police chase involving an officer shooting. This document was written three months after the incident despite the fact that plaintiff actually called his captain the night of the incident, spoke to him and documented such call in the official division log. Also in 2015, plaintiff was demoted from a watch commander due to a 1997 medical condition that had never been used against him before for any reason.

Plaintiff alleged discrimination, harassment and retaliation for speaking out against suspected racism and illegal activity in the department.

DEFENDANTS' CONTENTIONS:
Plaintiff had an extensive history of making allegations against managerial decisions. Plaintiff had also previously sued the city.

The City of Los Angeles denied all of plaintiff's current allegations. The city argued that plaintiff's claims of discrimination and harassment were insufficient to state a cause of action. The court dismissed plaintiff's harassment and discrimination claims at the pleading stage. The court also ruled that all allegations prior to July 2014 were untimely and stricken from the complaint.

Result

Plaintiff settled with the city for $500,000, and agreed to retire from the LAPD, effective June 30, 2016. The settlement resulted in plaintiff's separation of employment with the city and an agreement that he would never apply for future city employment, or ever be rehired.

Other Information

FILING DATE: Sept. 2, 2015.


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