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Shelton v. City of Manhattan Beach9/28/2004
and they have a strange or strong prejudice against homosexuals. [ ] Patient has not felt comfortable getting any support from the community." At her deposition, Dr. Ehlers was asked, "Is that an accurate reflection that he related to you that he was fearful about disclosing his sexual orientation at his workplace?" Dr. Ehlers replied, "Yes."
There was conflicting evidence whether Chief Klevesahl had discriminated against a gay applicant for lateral employment as an officer with the department. Plaintiff testified at his deposition concerning a telephone call in 1999 or 2000. A telephone call was received from an officer employed elsewhere seeking employment with the department. Plaintiff testified: " lateral police officer [called] in to apply for the department, and he disclosed that . . . he was gay, and that he was having some problems with the department that he was with, and he wanted to make it clear before he came to another department so he didn't have to repeat those problems. . . . And [a lieutenant] took this call and shared the information with myself, [an officer], . . . , and the chief had just walked up as he was talking about it." Chief Klevesahl said, "`You're not going to send that faggot an application, are you?'" A former department employee corroborated plaintiff's testimony that Chief Klevesahl discriminated against the gay applicant. Chief Klevesahl denied referring to a gay applicant by any derogatory term. The aforementioned lieutenant likewise denied Chief Klevesahl ever made any such statement.
In August 2001, a dispute arose between plaintiff and Officers Eccles and Sellan. Officer Sellan had expressed unhappiness with the department's recent hiring decisions. Officers Sellan and Eccles hoped to become field training officers. Officers Sellan and Eccles were willing to use their authority as field training officers to have the new officers discharged. Plaintiff discussed the attitudes of Officers Sellan and Eccles with Chief Klevesahl. Plaintiff believed Chief Klevesahl was not "real serious" about the attitudes of Officers Sellan and Eccles. Plaintiff explained Chief Klevesahl's failure to immediately respond thusly, "He had a lot of stuff going on at that time." As a result of the dispute, Officers Sellan and Eccles began to make derogatory comments about plaintiff's sexual orientation and that of certain police recruits.
Plaintiff orally complained to Chief Klevesahl on several occasions, but no action was taken. Plaintiff discussed the conduct of Officers Sellan and Eccles with Captain Paul Marshall, head of the department's Administration and Investigation Division. Captain Marshall was plaintiff's second-level supervisor. Captain Marshall told plaintiff it was a serious matter that needed to be addressed. Captain Marshall suggested plaintiff should put in writing. If the allegations concerning Officers Sellan and Eccles were not put in writing, Captain Marshall expre
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