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Shelton v. City of Manhattan Beach9/28/2004
ptain Marshall explained, the policy was as follows; " ur instruction would be to provide us with a medical certificate as soon as possible." At Captain Marshall's deposition, the following was revealed: "Q And you had authorized him to be out and to provide the doctor's note when he had a chance; correct? [ ] A I guess you could call that authorization. I talked to him about that. [ ] Q And you explained that to the Chief; correct? [ ] A Yes, I did. [ ] Q Were you surprised to find that the chief had sent this letter to Sergeant Shelton? [ ] A Yes, I was."
Plaintiff returned from medical leave on November 13, 2001. In plaintiff's mailbox was an order from Chief Klevesahl. Chief Klevesahl had transferred plaintiff to patrol. Plaintiff stated, " e waited until I was out on sick leave, and then cut my pay."
On December 4, 2001, plaintiff was required to work while the remainder of the force began attending a team-building workshop in Lake Arrowhead. Plaintiff had been primarily responsible for putting the workshop together. The offered explanation for leaving plaintiff behind was financial. Captain Marshall described the budget justification, " he discussion was about the budget issues, not wanting to spend the money for the sheriffs to come earlier to relieve our people so they could all make it up [to Lake Arrowhead] for the team building workshop." However, according to both plaintiff and Captain Marshall, the department had a contract with the Commission on Peace Officers Standards and Training to cover the costs of the deputy sheriffs filling in for the officers and command staff who had gone to Lake Arrowhead. Plaintiff worked the night shift in patrol, from 3 p.m. to 1 a.m., and then drove to Lake Arrowhead in bad weather and without sleep. During the following day, at the team building workshop, Captain Marshall saw Chief Klevesahl become angry and irrational toward plaintiff in front of other officers. According to Captain Marshall, Chief Klevesahl disagreed with plaintiff "in front of everybody at the department, all of the supervisors in the department," about who was responsible for initiating the officer of the year process. Captain Marshall thought Chief Klevesahl's conduct was "highly unusual" and inappropriate.
On December 11, 2001, plaintiff again complained by e-mail to Chief Klevesahl that no action was being taken on his August 22, 2001, internal complaint. In response, Chief Klevesahl asked plaintiff for a meeting. They met on December 14, 2001. Plaintiff admitted the purpose of his e-mails was to put Chief Klevesahl on notice. According to plaintiff, the e-mails were pleas to take action against Officers Eccles and Sellan. Plaintiff told Chief Klevesahl his failure to respond to the e-mails and the August 22, 2001, internal complaint was destroying plaintiff's health and career. On December 14, 2001, a lieutenant gave the following written order to plaintiff, "You are ordered not to
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