Posts Tagged ‘Jamie Mitchel’

Ex-Santa Rosa police captain must pay legal costs

Friday, August 13th, 2010

originally published at: www.pressdemocrat.com

Ex-Santa Rosa police captain must pay legal costs
Second-in-command fired in ’08 amid discrimination claims vows to appeal judge’s ruling

By LORI A. CARTER
THE PRESS DEMOCRAT

Published: Friday, July 30, 2010 at 4:03 a.m.

A judge has ordered a former Santa Rosa police captain to pay $32,000 in sanctions to the city for its costs to defend his wrongful termination lawsuit, but the amount is only a third of what the city sought.

U.S. District Judge Susan Illston, in a July 12 ruling, ordered Jamie Mitchel or his attorney to pay $31,600 to Santa Rosa. The city wanted $108,700.

In April, Illston dismissed Mitchel’s complaint, which argued that he was fired illegally because the city wanted to appease several police department employees who had complained about discriminatory treatment under former Chief Ed Flint and Mitchel, his second-in-command.

Mitchel was fired in 2008, and Flint was forced out by the former city manager. The city has spent about $1 million to get rid of the police managers, buy out the complainants and pay for additional training within the department to correct internal problems. Exact figures were unavailable this week.

Mitchel said this week he will appeal the sanctions payment, which is due by mid-September and payable by him or his lawyer, Scott Lewis of Santa Rosa. “You bet I’m going to appeal,” he said. “I’ll go to the Supreme Court. This issue is bigger than Jamie Mitchel. It’s now an erosion of the Peace Officer Bill Of Rights.”

City Attorney Caroline Fowler was on vacation and unavailable for comment.

Mitchel, 55, has argued that his rights were violated, he was discriminated against because he is a white man and that his arbitration hearing was improperly handled.

The city paid the six complainants a total of more than $120,000 to resolve their grievances, which included complaints alleging gender discrimination, harassment and retaliation by Flint. All four complaints named Flint, and two named Mitchel.

No lawsuits were filed by the employees, some of whom no longer work for the city.

After parts of Mitchel’s suit were dismissed last year, Illston tossed out the remainder this spring. The city sought sanctions against Mitchel and his attorney for what it argued were frivolous claims.

City-paid lawyers submitted paperwork seeking more than $108,700 in legal fees, including rates ranging from $421 an hour for the lead attorney to $136 an hour for a paralegal.

The judge ruled only costs incurred to fight the most recent amended complaint, filed in February, were recoverable, about a third of the total.

Mitchel’s attorney filed an appeal, which will move the case to the 9th Circuit Court of Appeal for further briefing and a hearing. It was unclear whether the order to pay the city’s costs would be stayed pending the appeal.

Staff Writer Lori A. Carter can be reached at 762-7297 or lori.carter@pressdemocrat.com.

Tags: , ,
Posted in PACH, Police in the Local Media | No Comments »

Former Santa Rosa Police Captain Still Suing For Wrongful Termination

Sunday, May 2nd, 2010

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.

Tags: , , ,
Posted in PACH, Police Abuse, Police in the Local Media | No Comments »

Judge pares back fired police captain’s suit against Santa Rosa

Thursday, March 4th, 2010

originally published at www.pressdemocrat.com

Judge pares back fired police captain’s suit against Santa Rosa

By LORI A. CARTER
THE PRESS DEMOCRAT

Published: Thursday, March 4, 2010 at 2:06 p.m.

A federal judge has dismissed several aspects of a fired Santa Rosa police captain’s wrongful termination lawsuit but ruled that other parts seeking to get his job back may proceed in court.

U.S. District Judge Susan Illston’s 16-page ruling, issued Feb. 17, also denied the city of Santa Rosa’s request for sanctions against Jamie Mitchel and his attorney, Scott Lewis, but said the two ultimately may be on the hook for fees if their legal claims don’t hold up.

“Although the court finds that sanctions are not warranted at this time, the court agrees with defendant (Santa Rosa) that plaintiff’s and counsel’s conduct may ultimately prove to be sanctionable,” she wrote.

Illston also wrote that Mitchel’s gender discrimination claim is “pled in such a conclusory and implausible manner as to render the claim frivolous.”

The city sought a complete dismissal of Mitchel’s 13 charges. The ruling dismissed six. Three others were dismissed but can be refiled. Two others were partially dismissed with parts that can be refiled.

Two other issues the city sought to have dismissed were allowed to proceed: Mitchel’s effort to be reinstated and to have a new arbitration hearing.

Each sides characterized the ruling as a victory.

“It’s a big win for the city at this point,” City Attorney Caroline Fowler said.

“In 18 months, this I my first victory, and I feel good about it,” Mitchel said. “Now I can move forward and vindicate myself.”

Mitchel, 55, was fired in May 2008 in the wake of employee gender discrimination, harassment and retaliation complaints filed against him and then-Police Chief Ed Flint. All four complaints named Flint and two named Mitchel.

Flint was forced out and Mitchel was fired. The city paid the complainants more than a total of $120,000 to resolve their grievances.

Mitchel then sued the city, saying he was improperly dismissed and was discriminated because he is a white man.

The judge dismissed five of Mitchel’s claims that he was denied his federal constitutional rights by violations of California law.

Mitchel can proceed with efforts to seek a reinstatement to his job and a new arbitration hearing. An earlier one upheld his firing by then-City Manager Jeff Kolin.

The ruling dismissed Mitchel’s contention that a neutral arbitrator, of three on the panel, acted improperly, saying it wasn’t supported by evidence. Mitchel was allowed to refile the charge with factual allegations.

Mitchel’s attorney has until Friday to file additional arguments. Fowler said the city will then respond. A case management hearing is set for May 14.

As of last summer, the most recent accounting available, the case, including Mitchel’s firing, Flint’s forced exit and damage repair within the fractured Police Department, has cost the city more than $840,000.

You can reach Staff Writer Lori A. Carter at 762-7297 or at lori.carter@pressdemocrat.com.

Tags:
Posted in PACH, Police in the Local Media | No Comments »