Jury Announces Defense Verdict in Phila. DA's Office Detective's Lawsuit Alleging Retaliatory Firing
A jury from the U.S. District Court for the Eastern District of Pennsylvania on Wednesday handed up a defense verdict in the case.
September 27, 2019 at 05:43 PM
5 minute read
and Tiffany Allen
A detective at the Philadelphia District Attorney's Office has failed to convince a federal jury that he was retaliated against for cooperating with the criminal investigation that led former Philadelphia District Attorney R. Seth Williams to plead guilty to taking bribes.
A jury from the U.S. District Court for the Eastern District of Pennsylvania on Wednesday handed up a defense verdict in the case that detective Pierre Gomez brought against Philadelphia, the district attorney and several high-ranking officials in the District Attorney's Office. The verdict was rendered after three days of trial before U.S. District Judge Chad Kenney.
According to court documents, Gomez alleged that County Detective leaders denied Gomez overtime and transferred him from a prestigious assignment to a "career-ending" position because he met with an FBI agent and an IRS agent in connection with the investigation of Williams and had been subpoenaed to testify before the investigating grand jury.
Michael Yanoff, of counsel to Goldstein Law Partners, who represented Gomez, praised his client in a brief interview Friday, and said he respected the jury's decision.
"The jury made its decision, and we respect the jury's decision," he said. "Detective Gomez is a really fine individual, and is one of the good guys, quite frankly."
Yanoff tried the case with Goldstein Law Partners attorney Shawn Rodgers.
Christopher Rider and Tiffany Allen of the Philadelphia Law Department tried the case for the defendants. The office did not provide comment about the case.
Jane Roh, a spokeswoman for the District Attorney's Office, thanked the jury for its finding, and said District Attorney Larry Krasner had pushed to make sure the case went to trial.
"District Attorney Krasner personally requested that this employment discrimination lawsuit be taken to trial, rather than settled using taxpayer dollars," Roh said in an emailed statement. "While this discrimination claim involves events that predate District Attorney Krasner's administration, the known facts of this lawsuit, including that the plaintiff was an at-will employee, strongly indicated the DAO and City of Philadelphia would prevail.
According to Gomez's pretrial memo, the alleged retaliation began after a meeting he had with an FBI agent and an IRS agent in May 2015. Shortly after the meeting, Gomez said, two supervisors contacted him and questioned him about it. The next day, during an in-person meeting with the supervisors, Gomez acknowledged the meeting took place, but refused to disclose details. The supervisors, Gomez said, told him they were going to "send it up the chain [of command]" that he had met with federal authorities. Gomez added in his pretrial memo that, at the time, he felt he was being interrogated.
In early 2016, according to the memo, one of the supervisors attempted to transfer Gomez from the more prestigious Dangerous Drug Offender's Unit to a " career-ending" position at the Private Criminal Complaints Unit. After Gomez raised the issue with the supervisor of the unit, the transfer did not go through.
Gomez was eventually transferred in July 2017, just weeks after Williams pleaded guilty in the midst of trial. In his memo, Gomez said he was told that the Dangerous Drug Offender's Unit was shutting down entirely, however, Gomez contended, that never happened.
Gomez also alleged he was given almost no opportunity to perform overtime in the unit's "wiretap room" in 2017 and 2018, and only performed eight hours over that time period.
Gomez contended that the reasons given for the attempted transfer and eventual transfer were pretextual, and noted that a direct supervisor had said Gomez performed his job in an "exemplary fashion."
Gomez alleged First Amendment retaliation in an attempt to dissuade him from cooperating with the federal investigation, and to punish him for his cooperation. He further alleged violations of the whistleblower law. Along with the economic damages, Gomez also claimed he suffered mental anguish, humiliation and a loss of professional reputation.
In its pretrial memo, the defendants raised issues about Gomez receiving a counseling memo for allegedly failing to ensure that his work-related vehicle had an updated registration, and said that they were able to handle all open wiretaps without needing Gomez's overtime assistance.
Regarding the initial transfer efforts, the defendants contended in their memo that one of Gomez's supervisors did not believe the office was getting sufficient benefit from filling the position Gomez was in.
The memo also contended the reason Gomez was transferred was because there was a need in that unit, and the interim County Detectives chief who made the decision was unaware Gomez had cooperated on the Williams investigation. The memo also said the transfer was partly made out of a belief that, "due to [his] abrasive personality, [Gomez's] interaction with other DAO personnel should be limited."
After deliberating for three and a half hours, the jury rendered a defense verdict.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllSpecial Section: Products Liability, Mass Torts & Class Action/Personal Injury
2 minute readPa. Firms Set to Finish Year Strong, Thanks to Demand Uptick, Shorter Collections Cycle
4 minute readImmunity for Mental Health Care and Coverage for CBD: What's on the Pa. High Court's November Calendar
5 minute readTrending Stories
- 1Commentary: James Madison, Meet Matt Gaetz
- 2The Narcissist’s Dilemma: Balancing Power and Inadequacy in Family Law
- 3Leopard Solutions Launches AI Navigator, a Gen AI Search, Data Extraction Tool
- 4Trump's SEC Likely to Halt 'Off-Channel' Texting Probe That's Led to Billions in Fines
- 5Special Section: Products Liability, Mass Torts & Class Action/Personal Injury
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250