Laserfiche WebLink
1 department from taking any punitive action against the public safety officer" and °(e) In <br /> 2 addition to the extraordinary relief afforded by this chapter, upon a finding by a superior <br /> 3 court that a public safety department, its employees, agents, or assigns, with respect to <br /> 4 acts taken within the scope of employment, maliciously violated any provision of this <br /> 5 chapter with the intent to injure the public safety officer, the public safety department <br /> 6 shall, for each and every violation, be liable for a civil penalty not to exceed twenty-five <br /> 7 thousand dollars ($25,000) to be awarded to the public safety officer whose right or <br /> 8 protection was denied and for reasonable attorney's fees as may be determined by the <br /> 9 court. If the court so finds, and there is sufficient evidence to establish actual damages <br /> 10 suffered by the officer whose right or protection was denied, the public safety <br /> 11 department shall also be liable for the amount of the actual damages." <br /> 12 126. As described above, Plaintiff Gerry Serrano was the subject of numerous <br /> 13 investigations that could result in punitive action. One investigation was conducted by <br /> 14 Defendants Carvalho and Motsick after Defendant Ridge complained that Serrano was <br /> 15 making false statements about her. Serrano was not told, prior to his interview, that <br /> 16 Carvalho would be present, was not informed of the nature of the investigation prior to <br /> 17 arriving, was not told, nor afforded the opportunity to record the interview. <br /> 18 127. In other administrative investigations conducted under the orders of <br /> 19 Defendant Valentin, Serrano was not compensated for his time in the interrogations. <br /> 20 128. Defendant Ridge issued punitive action against Serrano and when he <br /> 21 sought an administrative appeal and the documents purportedly supporting the punitive <br /> 22 action, both requests were denied. <br /> 23 129, Defendant Valentin has placed or caused to be placed in Serrano's <br /> 24 personnel file and/or files used for personnel purposes adverse comments without <br /> 25 affording Serrano the ability to review the documents containing the adverse comments. <br /> 26 130. Defendant Valentin has ordered administrative investigations to be <br /> 27 conducted well in excess of the one year statute of limitations, and has not provided <br /> 28 notice of the investigations or the outcome of the investigations to Serrano. <br /> 30 <br /> COMPLAINT <br />