Today, the ability to preserve, predict and improve fiscal health is critical for public entities. With this in mind, Haight Brown & Bonesteel partners with public entities to find the best resolution in matters pending before both the state and federal courts. Our attorneys represent and have extensive knowledge of the unique issues facing cities, counties, police departments, fire districts, water districts, school districts and other local agencies.
Our attorneys handle litigation involving claims of:
- civil rights violations
- employment practices
- wrongful termination
- discrimination
- hostile work environment
- retaliation
- firefighter/paramedic gross negligence
- dangerous condition of public property
- premises liability
- intentional criminal acts of third parties
- general personal injury claims
- mandamus proceedings
- damage to underground utilities
Representative Experience:
Motion for Summary Judgment Granted in Paramedic Gross Negligence Case
A San Diego County Sheriff Deputy shot his wife in the face during a domestic dispute. The Alpine Fire Protection District responded, provided ALS care and ordered a Life Flight response, but the victim was pronounced dead at the landing zone. The victim’s parents filed suit against Alpine Fire and four firefighters alleging paramedic gross negligence. The Alpine Fire and the firefighter’s motion for summary judgment, filed after the medical experts were deposed, was subsequently granted on the grounds of qualified immunity under Health & Safety Code Section 1799.107.
Petition for Writ of Mandate Dismissed for Fire District in Disability Dispute
Plaintiff, a firefighter/paramedic placed on leave after an off-duty accident, filed for disability retirement claiming he could no longer perform his duties due to emotional distress after years of handling emergency calls. His retirement application was denied and he sought reinstatement of his firefighter/paramedic position plus over 3 years of back wages and benefits. Plaintiff had allowed his paramedic certification to lapse so the District offered him a modified position at the same wage until he obtained his re-certification. Plaintiff declined the modified position and filed a Petition for Writ of Mandate under Government Code Section 31725, requiring the employer to have "dismissed the employee for a disability" before the employee is entitled to reinstatement, back wages and benefits. Both the District and the plaintiff filed motions for summary judgment. The District’s motion for summary judgment was granted due to the fact that plaintiff had never been "dismissed for a disability."
Reversal of $6.2 Million Discrimination Verdict
The Court of Appeal of the Second Appellate District reversed and remanded a $6.2 million judgment against the City of Los Angeles in a discrimination lawsuit filed by African-American lesbian firefighter, Brenda Lee. The reversal of the judgment also wiped out the $600,000 attorney fee award to plaintiff's counsel. The Court of Appeal agreed with the City that plaintiff's failure to exhaust her administrative remedies regarding her termination is a jurisdictional bar to a civil suit on that claim.
Defense Verdict in Harassment Retaliation Case
Plaintiff, a 911 operator, frequently made mistakes, including sending emergency 911 responders to incorrect locations. After she fell ill, the Fire Authority accommodated her disability by transferring her to a non-emergency job position. Plaintiff’s performance continued to decline, and after undergoing a fitness for duty examination, the Fire Authority attempted to further accommodate her. Plaintiff subsequently filed for retirement and brought a lawsuit claiming harassment, retaliation, wrongful discharge and breach of the implied covenant of good faith and fair dealing pursuant to Government Code Section 12940. Defense verdict for the Orange County Fire Authority.
Summary Judgment Upheld in Paramedic Gross Negligence Case
Plaintiff was intoxicated when he was assaulted. Plaintiff was examined by paramedics from Orange County Fire Authority but refused treatment. Plaintiff was later driven home by the City of Westminster police where he went to sleep and fell into a coma from which he never awakened. The Court of Appeal of the Fourth Appellate District confirmed the dismissal of Orange County Fire Authority and City of Westminster based on the statute of limitations after successful Motions for Summary Judgment.
Summary Judgment Granted Against Claims of Civil Rights Violations and Paramedic Gross Negligence
Two motions for summary judgment brought by the Orange County Fire Authority were granted in a firefighter gross negligence and civil rights violation lawsuit brought by the parents of a deceased son who had ingested a large amount of cocaine. Plaintiffs claimed violations of 42 USC Section 1983 alleging their son's civil rights were violated by firefighters/paramedics of Orange County Fire Authority and police officers from the City of Westminster when they entered plaintiff’s home without a search warrant. Plaintiffs also alleged a state law claim of paramedic gross negligence against the Fire Authority defendants.
Summary Judgment Upheld for Fire Authority Against Claim of Retaliation
The Court of Appeal of the Fourth Appellate District affirmed the trial court's grant of a motion of summary judgment in a lawsuit filed by plaintiff, a firefighter, against the Orange County Fire Authority alleging retaliation, assault and battery, petition for writ of mandate and injunctive and declaratory relief.
Non-Suit Granted at Trial of Police Officer Sexual Misconduct Case
Plaintiff alleged that a former police officer for the City of Westminster forced her to have sexual relations under color of authority in return for lenience in the prosecution of her boyfriend on a pending burglary charge. Unbeknownst to the officer, plaintiff recorded telephone conversations and videotaped them having sexual intercourse. The officer cross-complained against plaintiff contending she recorded confidential communications without his consent. The case proceeded to trial in the Orange County Superior Court and the motions for non-suit brought by the City of Westminster and the officer were granted in their entirety.