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Employment Law
Constructive Discharge

Brenda Grinston v. Sharon Papa

Published: Apr. 26, 1997 | Result Date: Apr. 3, 1997 | Filing Date: Jan. 1, 1900 |

Case number: CV911017KN –  $0

Judge

David V. Kenyon

Court

USDC Central


Attorneys

Plaintiff

Meir J. Westreich
(Meir J. Westreich Attorney at Law)


Defendant

David D. Lawrence
(Lawrence, Beach, Allen & Choi PC)


Facts

In late 1989, plaintiff Brenda Grinston, was a 36-year-old police officer with the defendant RTD police department. At that time, the plaintiff reported acts of racial and sexual harassment and other misconduct by fellow officers on the grave yard shift. Counter-accusations were made against the plaintiff, resulting in mutual reprimands and reassignment to other shifts. In early 1990, the plaintiff was disciplined for sleeping on-duty. In May 1990, the plaintiff was involved in an off-duty motorcycle accident and went on disability leave status. In late August 1990, the plaintiff took a physical agility test for another police department. When the defendant chief learned that the plaintiff had taken this test, she gave the plaintiff notice of intent to terminate her employment. The plaintiff ultimately resigned in lieu of termination. The plaintiff brought this action against the RTD, Transit Police Chief Sharon Papa, and the administrative hearing officer based on constructive discharge and violation of due process and First Amendment rights under 42 U.S.C. º1983.

Settlement Discussions

The plaintiff made a settlement demand for $250,000. The defendants made no settlement offers.

Specials in Evidence

$______________ $______________

Damages

The plaintiff claimed $_____________ in damages for loss of employment, back pay, damage to professional reputation and emotional distress.

Injuries

The plaintiff alleged she suffered emotional distress, lost wages and injury to professional reputation.

Other Information

The verdict was reached approximately six years and three months after the case was filed.

Deliberation

2 days

Poll

8-0

Length

2 months


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