Prison psychiatrist claims Department of Corrections violated the California Family Rights Act. $1.8M. San Joaquin County.

Facts and Background

• Facts and Background:

  Dr. Anthony Coppola provided service to defendant California Department of Corrections and Rehabilitation (“CDCR”) for over 20 years (1998-2019) as a chief and supervising psychiatrist at Deuel Vocational Institute (“DVI”).   Based on performance reviews, his service was exemplary.

  Deuel Vocational Institute (“DVI”) was formerly a correctional institution within CDCR. (The facility closed on September 30, 2021). DVI was a Reception Center for CDCR. A Reception Center is where convicted inmates are sent by CDCR when they are first sentenced to prison. At the Reception Center, the medical professionals were tasked to figure out what type of protection/treatment these inmates required. Inmates typically stayed at DVI for a period of 60-100 days. There was a constant stream of inmates coming and going from DVI.

  Dr. Coppola began working for CDCR in 1996. CDCR operates over 30 correctional facilities throughout California. After completing his fellowship in forensic psychiatry, Dr. Coppola was first hired by CDCR as staff psychiatrist at the California Institute for Men, a men’s prison in the Los Angeles area. Dr. Coppola briefly transferred from CDCR to the former California Department of State Hospitals, where he served as staff psychiatrist at Patton State Hospital. Dr. Coppola left Patton State Hospital when his wife became pregnant. Dr. Coppola and his wife moved to Northern California and Dr. Coppola was re-hired by CDCR so he could join Deuel Vocational Institute (“DVI”) in 1998 as a chief psychiatrist. During his career working for CDCR at DVI, Dr. Coppola held the positions of Chief Psychiatrist (1998-2013), Senior Psychiatrist Supervisor (“SPS”) (2013-2018), Statewide Chief Psychiatrist and Chief of Mental Health (“CMH”) (approximately 2005/2006 - 2013). In 2013, Dr. Coppola chose to stay at DVI and accept a demotion to an SPS.

  Due to pre-existing health issues and workplace stress caused by changes to the workplace imposed by a new supervisor, Dr. Coppola’s doctor placed him off of work effective October 25, 2016 with a goal of returning 12 weeks later in February, 2017.

  Emails and other disparaging communication between his supervisors occurred after he requested leave.  Many were disparaging. 

  One week prior to taking his CFRA leave of absence, Dr. Coppola submitted an outside employment disclosure form, required for CDCR employees who have secondary employment outside of the department.  The DVI’s institutional CEO (the highest ranking medical administrator at the facility) approved the secondary employment of Dr. Coppola to continue his longstanding work at the County of Alameda, Santa Rita Jail where Dr. Coppola had been working part-time since 2003. From July 2003 through September 2016, Dr. Coppola regularly informed his supervisors that he worked at Santa Rita on his off days from DVI. The number of days Dr. Coppola worked at Santa Rita Jail varied over the years until 2013 when Dr. Coppola began using accrued but unused leave credits from DVI so he could work more time at the Jail.  Dr. Coppola’s immediate supervisor and DVI’s CEO each approved of Dr. Coppola’s use of leave and his secondary employment at the jail. 

  While Dr. Coppola was out on FMLA, Region 2 supervisors/management began investigating Dr. Coppola for misconduct due to his secondary work at Santa Rita Jail.  Dr. Coppola was accused of not providing sufficient supervision to DVI psychiatrists. 

  A CDCR healthcare lawyer was assigned to investigate potential misconduct, including fraud and time abuse by Dr. Coppola.  The management group aware of this investigation did not include any Human Resources or Internal Affairs personnel. The investigation included repeated requests for employment information from plaintiff's secondary employer, the Santa Rita Jail. Personnel at Santa Rita told Dr. Coppola that a CDCR was trying to get information about his work at the jail, using an expired authorization form. They told Dr. Coppola that it appeared as though CDCR was “going after” him.

  This news, only days after his CFRA leave, caused his stress and anxiety condition to exacerbate and prolong.  Dr. Coppola’s doctor extended his medical leave, noting increased anxiety, depression and hypertension. While Dr. Coppola remained on CFRA leave, CDCR investigated him by making various allegations of “time abuse” and theft of government funds, but initially concluded there were "no grounds to recoup any money from Coppola;”  that he "has done everything within allowable and acceptable limits.” 

  Later, the CDCR investigator convinced Alameda County to orally convey employment information about Dr. Coppola under the authority of the Public Records Act. (The Public Records Act does not allow for government entities or individuals acting in their official capacity to obtain information under the PRA.)  Nevertheless, CDCR obtained information from Alameda County Human Resources about days and times Dr. Coppola allegedly worked at the Jail. 

  Plaintiff later contended that since the information was not from actual county records, miscommunication ensued, causing Dr. Coppola to appear as though he was working at the jail at the same exact time as DVI. CDCR instructed that Dr. Coppola’s leave balances be reduced, specifically for "call back" time that he had previously been compensated for. Although CDCR correctly compensated Dr. Coppola for this call-back time for years, CDCR decided, as to Dr. Coppola only, that the time working call backs should not have been approved because doctors are only supposed to be paid for the time they are on call and NOT for the time they spend coming back to the facility to provide service. This resulted in nearly 1,000 hours being taken from Dr. Coppola.  An impacted employee is to receive notice of any leave balance reductions 14 days before any such action is taken. but no such notice was given to Dr. Coppola.

  In April 2017, while still on his medical leave, Dr. Coppola discovered that his bank of available leave, more than 1,000 hours, had been taken away.  The removal of Dr. Coppola’s leave caused a termination of his healthcare benefits for his family. Dr. Coppola did not receive any prior notice as to the termination of his family’s health benefits.  

  Dr. Coppola immediately complained about the  removal of his leave as seemingly singling him out and therefore, unlawful and retaliatory. No state investigation of his retaliation claim ensued.

  Dr. Coppola retained counsel and filed a lawsuit within a month of his leave being taken. Dr. Coppola began working for Alameda full time while he waited for the legal process. Dr. Coppola’s lawsuit against CDCR continued while he remained on an unpaid medical leave of absence.

  In the beginning of 2018, Dr. Coppola began to receive evidence from his lawsuit that revealed CDCR was attempting to jeopardize Dr. Coppola’s license by having him submitted to a peer review process without ever raising the issue to him. Records further confirmed that Region 2 planned on stripping him of his supervisory role “if he returns.” Emails also confirmed the Region 2’s plan to disallow Dr. Coppola’s secondary work for Alameda County.

  In December 2018, Dr. Coppola announced his retirement, which became effective January 2019.  

• Plaintiff's Contentions:

  Plaintiff argued that defendant’s failure to follow policy, the hateful/unfair treatment of plaintiff, the timing of its actions and repeated instances of false testimony strongly indicated a motive to retaliate against Dr. Coppola.  The testimony of his wife, his therapist and medical records all established an exacerbation of his pre-existing conditions such that Dr. Coppola was forced to retire so as to avoid returning to a toxic and unhealthy workplace that had violated his rights while he was on a protected medical leave.

  That Dr. Coppola only worked at Alameda County when he was off work from DVI.  Further, that Dr. Coppola’s schedule at the Santa Rita jail never interfered with his obligations at DVI and the needs of DVI always took precedence.  To the charge that he provided insufficient supervision at DVI, no subordinate psychiatrist testified at trial to support the State’s case. 

  That the wrongful taking of Dr. Coppola’s leave credits caused a severe exacerbation of Dr. Coppola’s emotional and physical condition. Severe sleep disturbance, weight loss, major depression and severe anxiety plagued Dr. Coppola, who was in treatment with a therapist due to the mistreatment he was enduring after he went on leave.

  Plaintiff argued future non-economic damages would not be required to the extent Dr. Coppola received vindication and fair compensation for his economic damages and past non-economic harm.

• Defendant's Contentions:

  California Department of Corrections and Rehabilitation asserted that its treatment of Dr. Coppola, while unfair and contrary to policy, was not because of his taking protected medical leave. The department further claimed that the removal of Dr. Coppola’s leave was performed because allowing him to keep leave credits for which he was not entitled was a gift of funds. 

  The department also claimed that Dr. Coppola’s retirement was a business decision because he could have returned to work whenever he chose.  Further, Dr. Coppola’s non-economic harm was all pre-existing and therefore he was not entitled to any compensation.