The Premiere Website For Police News In Texas

          
The Most Viewed Police News Website In Texas

 
Click To Visit Me On Facebook

 

 

Verdict For A Police Officer Against LAPD in Anti-Retaliation Employment Sui
Los Angeles
   
 
More Today's News:
ߦ   $5,000 Reward Offered for Sex Offender from Granbury
ߦ   33 Injured when two buses collidge
ߦ   Aransas Pass Officer Arrested
ߦ   Attorney General Loretta E. Lynch Delivers Remarks at Swearing-In by Vice President Joe Biden
ߦ   Cedar Park Police to launch and promote the tip411 tool
ߦ   Chief's Weekly Update - Lewisville Police Dept
ߦ   Conroe Police Department Case Tracking Log
ߦ   Corpus Christi Police Patrol Report
ߦ   Corpus Christi Police Plan Community Event
ߦ   Dallas Animal Services to present My Pet’s Day Thursday
ߦ   Fort Worth Police Seek Frost Bank Robbers - PHOTOS
ߦ   Galveston College Sets Dates For Leadership Galveston 2015
ߦ   Guatemalan Woman Extradited to the United States to Face Human Smuggling Charges
ߦ   Have you seen this child?
ߦ   Lebanese Sent To Prison For Unlawful Attempt At Naturalization
ߦ   Lytle Police Department - Weekly Report
ߦ   Motorcyclist Killed In Plano Crash
ߦ   Statement on Behalf of Sheriff Adrian Garcia
ߦ   Then & now: Balinese Room goes for sale in 1990
ߦ   Vector Control Begins Plan To Reduce Mosquitoes
ߦ   Burnet County Sheriff's Office Inmate Arrests Summary
ߦ   A traffic ticket in California could cost you a week’s pay
ߦ   Chief defends officer's takedown of drunken woman
ߦ   Dallas Police Department Graduates Academy Class #341
ߦ   Deputy on leave after shooting mentally ill man
ߦ   DPS Earns Top Spot in Annual Fitness Challenge
ߦ   Family honors 5-year-old sister, daughter found in marina
ߦ   Federal Jury Convicts Sex Trafficking Ring Leader
ߦ   Five Jailed in Odessa Prostitution Sting
ߦ   Have You Seen This Child ?

   Next >>
 
Search Archives:

McNicholas & McNicholas Secure Appeal Confirmation On Their Verdict For A Police Officer Against LAPD in Anti-Retaliation Employment Suit

-- Appellate Court Affirms Retaliation Verdict in Favor of LAPD Officer for Testifying Against LAPD in Trial --

 

LOS ANGELES, CA – Matthew McNicholas, partner with Los Angeles-based plaintiff’s trial law firm, McNicholas & McNicholas, obtained a decision from the Ninth Circuit Court of Appeals affirming the district court’s judgment, after a jury trial (which Mr. McNicholas tried to verdict in the trial court) in favor of Leonard Avila, an LAPD officer who claimed that the Los Angeles Police Department (LAPD) fired him in retaliation for testifying in a Fair Labor Standards Act (FLSA) lawsuit brought by a fellow officer. The panel held that even after an officer was terminated through the Department’s Board of Rights, he could still sue in court for discrimination.

 

“The LAPD has always taken the position that if they fire you through their Board, you cannot sue them in court without appealing their Board. This case demonstrates this is not accurate,” said Mr. McNicholas.  “We are extremely gratified that the Court of Appeals confirmed the jury’s verdict and the trial court’s rulings, and are proud to continue to protect employees’ rights.”

 

Background

In January 2008, Mr. Avila testified under subpoena in a FLSA suit against the LAPD and City of Los Angeles in the Central District of California brought by fellow officer Edward Maciel, who sought overtime pay for working his lunch hours. Mr. Avila testified that he and many other LAPD officers, including his supervisors, operated under an unwritten policy of not claiming overtime for working through lunch.  After Mr. Avila testified, the LAPD filed an internal investigation complaint against him and another officer, Richard Romney, who testified at the Maciel trial alleging that they had been insubordinate by not submitting requests for overtime. The LAPD Board of Rights found Mr. Avila and Mr. Romney guilty of insubordination and both were terminated.

 

Mr. Avila sued the LAPD and City of Los Angeles claiming that the real reason he was fired was not because he worked through lunch without requesting overtime, but because he testified in the prior lawsuit. The jury ruled in favor of Mr. Avila and awarded damages of $50,000. The district court entered a judgment on the jury verdict, and later amended it to award Mr. Avila $50,000 in liquidated damages and $579,400 in attorney’s fees.  The total judgment, before interest, was $679,400

 

Mr. McNicholas also represented Mr. Romney in an identical case and obtained a $3,999,945 verdict.  This verdict was larger than Mr. Avila’s because Mr. Romney was never able to be rehired while Mr. Avila was.

###

McNicholas & McNicholas, a Los Angeles-based plaintiff’s trial law firm, represents clients in the areas of catastrophic personal injury, employment law, class actions, sexual abuse and other consumer-oriented matters such as civil rights, aviation disasters and product liability. Founded by a family of attorneys spanning three generations, McNicholas & McNicholas has been trying cases to jury verdict on behalf of their clients for more than five decades.

McNicholas & McNicholas, LLP

10866 Wilshire Blvd.

Suite 1400

Los Angeles, CA 90024

Phone: 866-664-3055

Fax: 310-475-7871

Website: www.mcnicholaslaw.com

Post a comment
Name/Nickname:
(required)
Email Address: (must be a valid address)
(will not be published or shared)
Comments: (plain text only)
Printer Friendly Format  Printer Friendly Format    Send to a Friend  Send to a Friend    RSS Feed  RSS Feed
  Share   Share link on Twitter Tweet  
© 1999-2015 The Police News. All rights reserved.