Idaho State Police whistleblower awarded $1.5 million in damages
Over two years after filing a whistleblower lawsuit, an Idaho State Police detective was able to present his case to a jury.
After nine days in trial and hours of deliberation, the jury awarded Brandon Eller $1.5 million in emotional distress damages, along with about $30,000 in lost wages.
From Katie Terhune's KTVB article, linked here:
"Brandon Eller said he was targeted after crash reconstructionists were ordered to change a report that concluded Payette County Deputy Scott Sloan was driving recklessly and made an unsafe pass before he slammed into another motorist on Highway 30 in 2011. Barry Johnson of New Plymouth was turning into his own driveway when Sloan – who was responding to a call at speeds of about 115 mph with his lights and siren on --smashed into the side of his Jeep.
Johnson was thrown from the wreckage, and died at the scene.
After Trooper Quinn Carmack, Eller’s colleague in the crash reconstruction unit, wrote in his report that Sloan had been operating “without due regard for the safety of others,” ISP command staff expressed displeasure with the finding.
Eller’s attorneys say the commanders told Carmack to take out references to Sloan driving recklessly or unsafely, and to include the fact that blood tests taken after Johnson’s death tested just below, at and just above Idaho’s legal limit of .08.
Sloan was ultimately charged with felony manslaughter in Johnson’s death, after Prosecutor Richard Linville read both Carmack’s original report and a later, edited report. An ISP trooper called by the defense testified at Sloan’s hearing that Johnson’s alcohol consumption had been a factor in the crash. But both Eller and Carmack contradicted that, testifying that Johnson’s BAC did not affect the outcome of the crash, and reiterating that the deputy had acted unsafely before the deadly collision.
ISP’s command staff was incensed, gathering in a meeting to discuss the troopers’ testimony, Eller’s attorney Erika Birch said.
"I can’t believe that ISP is going to send a deputy to prison,” Birch quoted now-Colonel Ked Wills as saying. According to the attorney, another member of command staff said of Carmack and Eller: "Those boys will be lucky to have a job working nights and weekends."
In the weeks after his testimony, Eller’s previously glowing performance reviews began to falter. His supervisor downgraded his performance, writing that Eller had caused “dissension” within ISP and should "soften his opinions" in the future. When Eller approached the sergeant to ask about those comments, the supervisor said he had included them at the behest of ISP headquarters.
"Ladies and gentlemen, you don’t get much clearer evidence of retaliatory motive than you do from those two things,” Birch said.
Eller – who later clashed with ISP leadership again over a directive to destroy the draft reports like Carmack’s in crash investigation cases – saw his career take “a sharp, downward turn,” Birch said. Eller and the other members of the crash reconstruction unit were placed on patrol shifts, working nights and weekends. Later, the crash reconstruction unit was eliminated altogether. The plaintiff was also barred from instructing in crash reconstruction, passed over for a pay raise, and not allowed to finish taking an exam for a promotion to sergeant – payback, his lawyers said, for his role in the Sloan investigation.
The retaliation hurt more than his professional life. The detective lost weight, lost sleep and damaged the relationships with his own family due to the stress, Birch said.
She pushed jurors to decide the case in Sloan’s favor, urging them to “send a message to ISP that Brandon is the kind of cop they should be embracing, not mistreating." Lawyers for Idaho State Police, however, said that Eller was never mistreated. Attorney Andrew Brassey charged that Eller was seeking to pin every decision by ISP’s leadership that he did not like on a personal vendetta against him. "Everything since that Sloan accident that has occurred as it relates to Brandon Eller and the Idaho State Police, he blames on Sloan,” he said. "He's still our employee, a valued employee who was promoted as detective.” Brassey said the decision to place crash reconstructionists on patrol teams was aimed on making them more effective, not punishing a select few members. Likewise, the decision to disband the crash reconstruction unit was made by a captain who liked Eller, and had “no ax to grind” with him. "He did it because he thought it was the right thing to do for his team," Brassey said.
Brassey also questioned why Eller had received a promotion to the rank of detective if the agency was bent on destroying his career as revenge for his testimony.
"If we're so bad, if we're hiding things, you think the Idaho State Police couldn't figure out a way to fire Brandon Eller?" he asked. “You think somebody, some employer couldn't figure that out?”
But Birch argued the retaliation was set in motion when ISP commanders gathered to discuss Eller's testimony on Sloan's crash.
"ISP lost sight of its mission during that command staff meeting on the same day as the preliminary hearing. ISP lost sight of the truth," she said. "The truth was, rather than 'those boys were lucky to have their jobs working nights and weekends,' ISP was lucky to have 'those boys' working. 'Those boys' were good cops. 'Those boys' did their jobs when they provided their testimony, truthful testimony at the preliminary hearing. And ISP administration has failed 'those boys.'"
Wrongful Termination Lawsuit against City of Nampa moves to Trial
A lawsuit filed over two years ago against the City of Nampa is headed to trial after Judge Winmill denied Defendant's Motion for Summary Judgment.
Former Deputy Fire Chief Doug Strosnider is suing the city because he believes his termination was a result of issuing Notice and Orders to the owners of two apartment buildings in Nampa, against the Mayor's wishes. The City's attorneys filed a Motion for Summary Judgment at the end of March, attempting to dismiss Mr. Strosnider's claims before the case went to trial. Judge Winmill denied the Motion and the trial will likely be set for the end of the year.
More on KTVB's website here
Homedale School District Settles in Wrongful Termination Case
Homedale School District has agreed to pay $225,000 to Gloria Lejardi to settle her wrongful termination claims. The case was filed in U.S. District Court in Boise in December of 2014, and came to a resolution during mediation in mid-June.
Strindberg & Scholnick attorneys Erika Birch and Erik Strindberg were able to help former school registrar after she was fired for refusing to make changes to a student's transcript, and then not being given a proper grievance hearing, nor being informed of the grievance process.
Earlier this year, U.S. District of Idaho Judge B. Lynn Winmill ruled that the school district had violated state law when it denied Ms. Lejardi a grievance procedure, referencing the State Department of Education’s ethics code and the school district’s curriculum policy in making his decision.
In addition to the monetary award, the school district will also remove the final negative performance evaluation from Ms. Lejardi’s record and provide her with a positive recommendation letter to seek future employment. They will also implement a new policy that identifies a grievance policy for classified employees, helping future classified employees of the district.
In an interview with the Owyhee Avalanche, attorney Erika Birch stated that “the law firm hopes that the message has been received by the district and they certainly think twice before they try to step on somebody’s rights again.”
Contact Us
We cannot give legal advice over the telephone. To make an appointment for a legal consultation with one of our attorneys, please contact our office.
Salt Lake City Office
675 East 2100 South, Suite 350
Salt Lake City, Utah 84106
Phone: 801-359-4169
Fax: 801-359-4313
Boise Office (New Address!)
1516 W Hays Street
Boise, Idaho 83702
Phone: 208-336-1788
Fax: 208-287-3708