Joanne M. Anthony v. George McNeil, City of Los Angeles, Los Angeles Police Department
Published: Nov. 24, 2007 | Result Date: Mar. 29, 2007 | Filing Date: Jan. 1, 1900 |Case number: BC348064 Verdict – $50,425
Court
L.A. Superior Central
Attorneys
Plaintiff
Defendant
Daniel P. Aguilera
(Office of the City Attorney)
Experts
Plaintiff
Scott Barer
(technical)
William A. Spindell
(medical)
Defendant
John Regan
(technical)
Elliot D. Felman
(medical)
Thomas M. Niches
(technical)
Francine B. Kulick
(medical)
Facts
Joanne Anthony and George McNeil were buddies on the police force. Anthony entrusted McNeil with a key to her apartment so he could bring her groceries and help her recover from an injury she incurred on the job. McNeil never returned the key, however, and continued his unwanted visits to Anthony's apartment. He proceeded to make sexual passes at work and invented ruses to spend more time with her.
Anthony filed a complaint for sexual harassment with the Los Angeles Police Dept. (LAPD) but received demeaning treatment from supervisor Leonard Miller in retaliation for her complaint. One and a half years later the LAPD finally interviewed McNeil, but Anthony had already been involuntarily transferred to another division.
Anthony sued McNeil for sexual harassment, false imprisonment, battery, invasion of privacy, stalking, and intentional infliction of emotional distress. She sued the city of Los Angeles (City) for harassment, retaliation, and intentional infliction of emotional distress. Anthony sued Miller for retaliating against her complaint and intentionally inflicting emotional distress. Miller was dismissed prior to trial.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff contended McNeil continued to make sexual passes during his unwanted visits to her apartment. He refused to return plaintiff's key and purposely stole her work so they could work on reports together on the job. McNeil made harassing phone calls and always let himself into her home. After she filed a complaint, plaintiff was subjected to Miller's disparaging conduct in the workplace. Further, the LAPD did a shoddy job of investigating her complaint. It waited one and a half years to interview McNeil and never looked at his phone records to substantiate plaintiff's claim.
DEFENDANTS' CONTENTIONS:
McNeil contended plaintiff and he were involved in a consensual sexual relationship. The City and LAPD did not retaliate and performed a thorough investigation of plaintiff's complaints.
Damages
Plaintiff sought to recover the lost overtime wages she would have accrued during her stress-related leave of absence. She also demanded damages for emotional distress and future counseling.
Injuries
Emotional distress.
Result
The jury returned a verdict in plaintiff's favor on her retaliation claim, but not for sexual harassment. She was awarded $50,425. In post-trial motions, the court awarded statutory attorney fees of $217,500 and expert fees of $23,000.
Deliberation
three days
Poll
11-1 (retaliation)
Length
11 days
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