Franklin Jones v. City of Riverside; Ken Fortier; Dave Dominguez
Published: Apr. 25, 1998 | Result Date: Apr. 3, 1998 | Filing Date: Jan. 1, 1900 |Case number: 967682ABC Verdict – $0
Judge
Court
USDC Central
Attorneys
Plaintiff
Gregory S. Dovel
(Dovel & Luner LLP)
Defendant
Arthur K. Cunningham
(Lewis, Brisbois, Bisgaard & Smith LLP)
Facts
Plaintiff Franklin Jones was a 51-year-old reserve (unpaid) volunteer officer with the Riverside Police Department. After working as a reserve for a few months, he applied for a full-time, paid position with the department. He was not hired. Jones tape recorded a conversation with the personnel lieutenant. He claimed that the tape-recording was not intentional. After that event was investigated, he was terminated as a reserve. The plaintiff brought this wrongful termination action against the defendants based on age discrimination and retaliation theories of recovery.
Settlement Discussions
The plaintiff made a settlement demand for a six figure amount. The defendant made a statutory offer under FRCP º68 for $10 in compensatory damages and a "liberty-interest" hearing.
Specials in Evidence
Lost past and future earnings as a police officer, in excess of $450,000
Other Information
The verdict was reached approximately two years after the case was filed. The court granted summary judgment on the plaintiff's claims of denial of procedural due process and breach of contract in November 1997. At the conclusion of the plaintiff's case, the court granted the defendant's motion for judgement as a matter of law in favor of Chief Ken Fortier and in favor of the city as to the allegation that the city had a policy of age discrimination. POST TRIAL MOTIONS: The defendants' cost bill and the defendants' motion for award of attorney fees are pending.
Deliberation
1½ days
Poll
8-0
Length
seven days
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