Diego v. City of Los Angeles

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The Court of Appeal reversed the jury's verdict in favor of two officers in an action alleging that the Police Department discriminated against the officers. The court held that, while the evidence that the officers produced at trial might have been sufficient to support the theory of discrimination that they presented, that theory was legally flawed. In this case, the officers' theory was that the jury could and should consider whether the officers were treated differently, not simply because of their race, but because of the race of their victim. The court reasoned that this theory did not support the discrimination claim the officers brought. In deciding whether to return the officers to the field, the City could assess the political implications of doing so without violating employment discrimination laws. The City was not prohibited from assessing the risk management implications of returning officers of any race to the streets of Los Angeles who had been involved in a fatal shooting of an innocent, unarmed and autistic African-American man. Furthermore, the officers did not provide sufficient evidence to support their claim that the City retaliated against them for filing this action. The court remanded with instructions to enter judgment for the City. View "Diego v. City of Los Angeles" on Justia Law