Facts

Taron Valentin's employment with the South Gate Police department was terminated, with cause, in 1996. He filed suit against the city, alleging race discrimination, retaliation, violation of his due process rights and other causes of action. Following four years of litigation, the state appellate court ruled in favor of the city. Valentin later negotiated a reinstatement agreement with former city attorney Cristea Klaparda. The agreement was enacted on Sept. 13, 2001, without the signature of the mayor or city manager. The agreement also did not conform to the California Civil Service Rules because it failed to require that Valentin satisfy various Civil Service, Employee Handbook and probationary period requirements.

In October 2001, on advice from his attorney, Valentin refused to sign a waiver for review of his personal information prior to 1997, to complete a mandatory psychological fitness examination, and to take a polygraph test. Accordingly, the background investigator did not pass Valentin, and Valentin was found ineligible for employment. Valentin was again rejected in May 2002 following a second background check.

In July 2002, Valentin's counsel presented Valentin to the new police chief as having "fully complied with all conditions ands orders of him" by the city and department. The new police chief then authorized Valentin to serve on the force. In October 2002, the police department was audited for its adherence to Peace Officer Standards and Training regulations. In April 2003, Valentin was subjected to a third background check. The investigator found Valentin unfit for employment due to issues related to Valentin's prior termination, Valentin's unethical methods of obtaining reinstatement, and a number of crimes on Valentin's record.

Valentin as provided with notice of the city council's special meeting convened to consider a non-disciplinary revocation of his employment contract. Valentin responded in writing, but the city council resolved to rescind Valentin's reinstatement agreement. Valentin then filed suit against the city and various officials.

PLAINTIFF'S CONTENTIONS:
The plaintiff alleged racial discrimination, retaliation, infringement on his right to free speech, and infringement on his due process rights.

DEFENDANTS' CONTENTIONS:
The defendants denied plaintiff's allegations and asserted that plaintiff was terminated with cause for grounds different than those cited by plaintiff. The defendants also claimed immunity in both their official and individual capacities.

Damages

The plaintiff sought lost wages and damages for his emotional distress.

Result

Summary judgment was granted in favor of the defendants. The trial judge also found that the defendants were immune from suit as well.

Other Information

Valentin was terminated in 1996 for having obstructed a DEA investigation, unlawfully misappropriating a Porsche that was reported abandoned, and making an unreported transfer of a firearm. Cristea Klaparda was Cristea Saoit Paguirigan, a disbarred attorney with a conviction for forgery.