The Premiere Website For Police News In Texas

          
The Most Viewed Police News Website In Texas
 

HOME PAGE

 

ABOUT US

 
 
SUBSCRIBE HERE
 

BUSINESS DIRECTORY

 
ADVERTISNG HERE
 

AMBER ALERTS

 

EVENTS

 

CONTACT US

 

CLASSIFIED ADS

 

EMPLOYMENT

 

NATIONAL NIGHT OUT
2013

 

WE GET LETTERS

 

VISIT OUR SUBSCRIBERS

 

HELPFUL LINKS

 
TEXAS MOST WANTED
 

PHOTO GALLERY

 

RECORDED 
INTERVIEWS

 

ARCHIVES

 

POLICE TO CITIZEN

 

RECOMMENDED
READING

 

SOUND-OFF

 

YOUR WEATHER

 

Verdict For A Police Officer Against LAPD in Anti-Retaliation Employment Sui
Los Angeles
   
 
More Today's News:
ߦ   How Do You See It?
ߦ   Daily Bulletin - Arrests
ߦ   Surveillance Photos Of Montgomery County Burglars
ߦ   ‘The Ghosts of March 21’: an interview wit’ filmmaker Sam Stoker
ߦ   EMPLOYMENT - Law Enforcement Positions
ߦ   FOR SALE - Krimesite Imager
ߦ   Another Austin Area Rollback Caught Towing Without Safety Chains
ߦ   Austin Police Investigating 26th Murder Of The Year
ߦ   Austin Records 52nd Taffic Fatality
ߦ   Biker Killed In Austin Crash With Automobile
ߦ   Case Tracking Log - Conroe Police Department
ߦ   Court Declines to Stay Panetti's Execution
ߦ   Dallas Man Pleads Guilty to Drug and Child Obscenity Offenses
ߦ   Darren Wilson Says "I Know I Did My Job Right", In Exclusive Interview With George Stephanopoulos [WATCH]
ߦ   Dickinson Police Officers Toy Drive - Dec. 1
ߦ   FBI: Harris County investigators stole comic books
ߦ   Federal Court Grants Injunction In Challenge To Law Banning Churches
ߦ   Ferguson And The REAL Race War
ߦ   Ferguson Officer Darren Wilson And Wife Expecting Baby
ߦ   Five Children Killed In Edna House Fire
ߦ   Former Parkland Hospital Employee Admits Stealing Patient Information to Market his Home Health Agency in Garland, Texas
ߦ   Galveston Sets Christmas Parade Dec. 13
ߦ   Inmate Arrest Report - Burnet County Sheriff's Office
ߦ   Missing,Abducted and Lost Children
ߦ   No federal charges in Bastrop stun gun case
ߦ   Officer Involved Shooting Data Webpage
ߦ   Patrol Report - Corpus Christi Police Dept.
ߦ   Photos With Santa In League City
ߦ   Police Activity Blotter - Aransas Pass Police Dept
ߦ   Sheriff’s Association of Texas Honors Adrian L. Holmes, son of Investigator Charles Holmes
ߦ   Significant Activity Report - College Station Police Dept
ߦ   Woman Pulled Over, Robbed By Fake Cop In Pasadena [WATCH]
ߦ   MOST WANTED - Galveston County Sheriff [Updated Nov 19]
ߦ   MOST WANTED - Harris County Sheriffs Office (Updated Nov 21]
ߦ   MOST WANTED - Texas City Police Department [Updated Nov 17]
ߦ   61 Arrested In Ferguson Riots
ߦ   Alvin Weekly Arrest Bulletin
ߦ   Alvin Weekly Bulletin of Criminal Offenses
ߦ   APD launches Arrive Alive Central Texas-Thanksgiving and Home for the Holidays Traffic Safety Initiatives
ߦ   Auto-Pedestrian Fatality In Austin
ߦ   Chief's Weekly Update - Lewisville Police Dept.
ߦ   Crime Stopper Reward Offered In Houston Murder [PHOTO]
ߦ   Critical Missing Person: Haron Fields
ߦ   Daily Bulletin - Arrests - Galveston County
ߦ   Driver That Killed Harris County Deputy Charged [PHOTO]
ߦ   Fatal Houston Traffic Accident at 8600 Kempwood
ߦ   Fatal Motorcycle Crash in Austin
ߦ   FBI Holiday Reminder: Be Aware Of Cyber Criminals
ߦ   FBI Releases 2013 Statistics on Law Enforcement Officers Killed and Assaulted
ߦ   Friendswood Police Weekly Activity Report
ߦ   Hot, Hit Cop Tip – Mobile Security!
ߦ   Indecency with a Child Investigation and Arrest [MUG SHOT]
ߦ   Investigation into Fatal Houston Shooting at 13310 Cullen Boulevard
ߦ   Investigation into Fatal Houston Shooting at 4102 Almeda
ߦ   Investigation into Fatal Houston Shooting at 4920 Irvington

   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  
© 1999-2014 The Police News. All rights reserved.