Judge rules against ex-Santa Rosa police captain
By LORI A. CARTER
THE PRESS DEMOCRAT
Published: Saturday, May 1, 2010 at 8:21 p.m.
A federal judge has dismissed a wrongful termination lawsuit filed by a former Santa Rosa police captain and ordered him to pay the city’s legal costs for fighting the allegations in the case.
Northern District Judge Susan Illston pre-empted a hearing that was set for Friday to discuss the city’s motion to dismiss Jamie Mitchel’s suit. Instead, she issued a ruling at the beginning of the week dismissing the remaining portions of the case. An earlier ruling denied other aspects of the claim.
After the ruling, Mitchel’s attorney filed a request for reconsideration because the state Supreme Court ruling upon which Illston based her order was partially overturned this week. Illston hadn’t ruled on the request by late Friday.
Mitchel said Friday if a reconsideration isn’t granted, he will appeal the case to the Ninth Circuit Court of Appeals.
Santa Rosa City Attorney Caroline Fowler estimated the legal fees amount to $75,000 to $100,000.
Mitchel, 55, was fired in May 2008 during a tumultuous period for the Police Department. Several employees filed complaints with the city alleging gender discrimination, harassment and retaliation by then-police Chief Ed Flint. All four complaints named Flint and two named Mitchel, Flint’s second-in-command.
Flint was forced out, Mitchel was fired and the city paid the six complainants a total of more than $120,000 to resolve their grievances. No lawsuits were filed by the employees, some of whom no longer work for the city.
Mitchel then sued the city, saying he was improperly dismissed, his privacy rights were violated, he was discriminated against because he is a white man and that his arbitration hearing was improperly handled.
In seeking a dismissal, the city also sought monetary and procedural sanctions against Mitchel and his attorney, Scott Lewis of Santa Rosa, for what it called unsupported accusations and frivolous arguments.
Illston had harsh words for Mitchel, but didn’t award additional sanctions beyond attorney fees.
“The court agrees with the city that some of the plaintiff’s and Mr. Lewis’ conduct is sufficiently serious to warrant sanctions,” the ruling said. “The court does not believe it is appropriate to impose a monetary penalty.”
Illston awarded attorneys fees because as a police officer, Mitchel had agreed to binding arbitration of his dispute with the city. But in his reconsideration request, Lewis noted the recent high court case, which allows new hearings if there are procedural problems with the original arbitration hearing.
“Mr. Mitchel respectfully disagrees with the court’s ruling and it is subject to review on appeal,” he said. “He will not litigate this matter in the paper.”
The case has been expensive for both sides.
Santa Rosa’s legal bill for costs related to Mitchel’s termination is nearing a million dollars. As of last summer, the most recent accounting available, the cases, including Mitchel’s firing, Flint’s forced departure and damage repair within the Police Department, has cost the city more than $840,000.
Mitchel has said the city is pushing him to financial ruin. Still, he said, he intends to keep fighting.
“This is actually a David vs. Goliath case. It’s me, who is fighting the giant, the city of Santa Rosa, who has unlimited funds,” he said.
“I have limited resources and I’m trying to do the best I can to get the truth out.”
The city is set to file its documentation for attorneys’ fees by May 14. Mitchel has a week to respond.