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Shelton v. City of Manhattan Beach9/28/2004
seven years of plaintiff's employment, he hid his sexual orientation at work and no one in the department knew he was gay. Officers Eccles and Sellan were plaintiff's subordinates. They were not supervisory employees of the police department.
Plaintiff presented evidence the department's environment was anti-gay; further, this bias was apparent to him from his first weeks as a probationary officer. Plaintiff's declaration states, " itizens perceived to be gay or lesbian were regularly referred to as "`pole smokers,' `bat smokers,' `rump rangers,['] `dykes,' `fags,' `faggots,' `queers,' `fruitcakes,' `carpet munchers,' `muff divers,' or `pussy munchers[.]'" Plaintiff repeatedly heard Officers Sellan and Eccles use such terms. Within the last year of his employment, plaintiff had heard the two officers use such terms. Officer Sellan frequently used the term "pole smoker" in plaintiff's presence. At various times, plaintiff had also heard Chief Klevesahl refer to people as "pole smokers." Plaintiff had personally heard roughly 40 officers repeatedly use derogatory terms in reference to homosexuals including, in addition to Officers Sellan and Eccles and Chief Klevesahl, a captain, several lieutenants, and several sergeants. An employee who had been employed by the department in various capacities (as an intern, parking control officer, police jailer, officer trainee) from 1997 to 2000, testified there were about 15 officers, sergeants, and lieutenants who routinely made disparaging and offensive remarks about gay people, including Officers Eccles and Sellan, as well as a captain. The former employee personally heard a certain captain routinely make anti-gay slurs. Plaintiff never reported the anti-gay conduct. Plaintiff stated, "I felt that there was a threat to me if I did" because "the tone of the department that of not being friendly towards gay people." Plaintiff was afraid to tell anyone about Chief Klevesahl's conduct. Prior to a transfer request, which will be described shortly, plaintiff never asked not to be assigned to work with Officers Sellan or Eccles. Prior to filing his August 22, 2001, internal complaint, plaintiff never complained to Chief Klevesahl, Officer Sellan, or Officer Eccles about being upset or offended by their alleged anti-gay remarks.
Plaintiff began treatment with a psychiatrist, Dr. Donna Ehlers, in September 1999, five years after he joined the police department. (This was about two years before he filed his internal complaint on August 22, 2001.) Plaintiff told Dr. Ehlers he was suffering from severe anxiety and depression. He felt anxious and tense most of the time. He had been prescribed a variety of medications for those symptoms. In addition, plaintiff had been diagnosed as HIV positive. Dr. Ehlers's September 24, 1999, notes related: "Patient feels extremely tense because he cannot let anyone know about his disease. He is very fearful because he works . . . on the police force,
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