City council fires police chief after he begins embezzlement investigation. $1M. Fresno County.

Summary

Police chief is ordered to cease an investigation; he refuses and is later fired.

The Case

  • Case Name: Jose Garza v. City of Parlier
  • Court and Case Number: Fresno Superior Court / 21CECG02953
  • Date of Verdict or Judgment: Monday, September 16, 2024
  • Date Action was Filed: Monday, October 04, 2021
  • Type of Case: Employment, Whistleblower
  • Judge or Arbitrator(s): Hon. Jonathan Skiles
  • Plaintiffs:
    Jose Garza, 66
  • Defendants:
    City of Parlier
  • Type of Result: Jury Verdict

The Result

  • Gross Verdict or Award: $1,000,000
  • Net Verdict or Award: $1,000,000
  • Economic Damages:

    $200,000

  • Non-Economic Damages:

    $800,000

  • Trial or Arbitration Time: 10 days
  • Jury Deliberation Time: 4 hours

The Attorneys

  • Attorney for the Plaintiff:

    Romero Law, APC by Alan Romero, Pasadena.

  • Attorney for the Defendant:

    Costanzo & Associates, PC by Neal Costanzo, Fresno.

Facts and Background

  • Facts and Background:

    Plaintiff had served as the Chief of the Parlier Police Department until he was removed by the City Council in a 3-2 vote in 2021. Plaintiff filed a whistleblower lawsuit under Labor Code § 1102.5, claiming that his termination was the result of his refusing to improperly terminate an investigation and for protesting same as being unlawful.

  • Plaintiff's Contentions:

    Plaintiff learned about a felony embezzlement of cash from inside the police department and launched an internal investigation and made a criminal referral to the District Attorney’s office.

    Later, the City directed plaintiff to terminate the investigation and to cease cooperation with the District Attorney. Plaintiff refused to do so, believing this to be an illegal order.

    As a result of this protected whistleblower activity, the City voted to remove plaintiff from his position as Chief of Police by a 3-2 vote. Plaintiff contended, that this removal was in retaliation for his protesting the illegal order to stop the embezzlement investigation.

  • Defendant's Contentions:

    Defendant contended that plaintiff’s removal was based upon a legitimate purpose, specifically that the City could not afford plaintiff’s salary for the following year.

Special Damages

  • Special Damages Claimed - Past Lost Earnings: $200,000

Demands and Offers

  • Plaintiff Demand during Trial: $975,000
  • Defendant Final Offer before Trial: $10,000