Flores v. City of Westminster, No. 14-56832 (9th Cir. 2017)Annotate this Case
Plaintiffs, three officers of Latino descent, filed suit against the City and Westminster Police Chiefs, alleging claims of discrimination and retaliation on the basis of race and religion. The jury awarded plaintiffs general and punitive damages, as well as attorney fees and costs. The panel held that the district court properly denied the City's motion for a new trial and renewed motion for judgment as a matter of law on the issue of whether Plaintiff Flores failed to establish his claim of retaliation in violation of the California Fair Employment and Housing Act (FEHA), Cal. Gov't Code 12900–12996. In this case, the evidence at trial would permit a trier of fact to conclude he was subjected to adverse employment actions, that his protected conduct was a substantial motivating factor behind the adverse employment actions, and that the City's proffered reasons for its actions were pretextual. Accordingly, the panel affirmed as to this issue and also affirmed the jury's award of damages to Officer Flores on the FEHA retaliation claim. The panel further held that the district court did not abuse its discretion in regard to evidentiary rulings, and the jury's verdict against two police chiefs for race discrimination was not fatally inconsistent. However, the panel vacated the judgment against Chief Mitchell Waller, who died before trial, and remanded to the district court to grant two officers leave to substitute the Chief's estate under Federal Rule of Civil Procedure 25(a)(1).