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Shelton v. City of Manhattan Beach9/28/2004
partment. [ ] 3) [Four named recruits] are the beginning of the `Homo ' that I have and will continue to bring on board. [ ] 4) The only one who I have hired who has not `sucked my dick' is [a named individual] because she is a `Dyke.'" (Orig. emphasis.) Plaintiff also asserted, "[Officer Sellan] did not feel that any of the recent hires belong here except ." The new police officer recruits had approached plaintiff to express their concern about being "`black-balled'" by "the `firm'" as Officers Sellan and Eccles called themselves. Plaintiff concluded: "I continue to do my job without bias or prejudice. I treat everyone equal and fair regardless of what some do and say to tarnish my person and reputation. However, I demand that something be done immediately to stop Officer Sellan and Eccles from continuing this behavior. There are employee (sworn/civilian) in our agency who are of an alternative lifestyle. The actions of Sellan and Eccles cannot be tolerated. The things that they have said to this point have already caused my reputation great damage. I will undoubtedly suffer long term consequences of the harmful, prejudice and most importantly untrue rumors." (Orig. emphasis.)
Plaintiff perceived that no action was being taken on his August 22, 2001, internal complaint. Plaintiff repeatedly complained to Chief Klevesahl and Captain Marshall that nothing was being done and Officers Sellan and Eccles were continuing their offensive conduct. At one point, plaintiff told Captain Marshall, " e had had a conversation with [an officer] where [the officer] had indicated that Officer Sellan was saying that [plaintiff] had filed a sexual harassment complaint because he called him a fag . . . ."
Prior to August 2001, plaintiff's relationship with Chief Klevesahl had been cordial, even friendly. Captain Marshall testified Chief Klevesahl had never complained about plaintiff. Chief Klevesahl had always spoken in a complimentary fashion about plaintiff. However, both plaintiff and Captain Marshall perceived that Chief Klevesahl's attitude and conduct changed. Plaintiff testified: "After I filed my written complaint, his whole personality and the way he treated me changed [publicly]; . . . from being . . . cordial and friendly to each other as . . . somewhat friends . . . to not even making eye contact in the hallway." Plaintiff described the change in his relationship with Chief Klevesahl as "shocking" and having "changed overnight." Plaintiff felt ridiculed and intimidated. According to Captain Marshall, Chief Klevesahl gave plaintiff the "cold shoulder." Chief Klevesahl did not even exchange superficial pleasantries with plaintiff. When they discussed plaintiff, Chief Klevesahl, according to Captain Marshall, got angry and turned red.
In addition, there was testimony Chief Klevesahl began piling assignments on plaintiff. This caused plaintiff to experience additional stress. Plaintiff testified that after he s
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