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Civil Rights
First Amendment
Defamation

Joyce Gardner v. Shasta County, Gerald Benito, et al.

Published: Jul. 28, 2012 | Result Date: Jun. 15, 2012 | Filing Date: Jan. 1, 1900 |

Case number: 2:2012at00700 Settlement –  $855,600

Court

USDC Eastern


Attorneys

Plaintiff

Anthony J. Poidmore


Defendant

Gary C. Brickwood
(Brickwood Law Office)


Facts

Joyce Gardner was employed by Shasta County as a director of the county Victim
Witness program, which was a division within the Shasta County District Attorney Office. After
leaving employment, she filed suit against Shasta County District Attorney Jerry Benito and three other county employees, alleging defamation.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff claimed that Defendant made baseless and hostile statements against her, causing a rumor that she unlawfully took $10,000 from a client, and had an extramarital affair. In addition, she claimed that Defendant interfered with her ability to find another job by telling other potential employers about her alleged improprieties.

Result

The case was tried to jury, which found in favor of Plaintiff and awarded $400,000 for damage to reputation, $225,000 for past and future shame, embarrassment and humiliation, $25,000 for past and future medical care and $25,000 for additional expenses incurred as a result of the defamation. Additionally, the jury found by clear and convincing evidence that all four individual defendants had acted with malice, fraud or oppression and the court set a future date for a hearing on punitive damages to be awarded. Prior to the hearing on the punitive damages, the parties entered into a settlement whereby judgment would be entered only against the county of Shasta, the judgment against the individual defendants will be nullified, the county will pay an additional $50,000 over and above the $775,000 judgment and $30,600 in costs to Plaintiff for a total of $855,600. The defendants further waived their right to appeal.


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