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FREITAG v. CALIFORNIA DEPARTMENT OF CORRECTIONS

United States District Court, Northern District of California


May 2, 2003

DEANNA L. FREITAG, PLAINTIFF,
v.
CALIFORNIA DEPARTMENT OF CORRECTIONS, ROBERT J. AYERS, JR., TERESA SCHWARTZ, DAVID A. CARMICHAEL, GLEN RODMAN, PAUL DILLARD, BARRY O'NEILL, GEORGE NEOTTI, AND AUGIE LOPEZ, IN THEIR INDIVIDUAL CAPACITIES, AND DOES 1 THROUGH 15 INCLUSIVE, DEFENDANTS.

The opinion of the court was delivered by: Thelton E. Henderson, United States District Judge

JUDGMENT

This action came on for trial before the Court and a jury, the Honorable Judge Thelton E. Henderson presiding, on March 4, 2003. A jury of eight was empaneled and sworn, witness were sworn and testified, physical and documentary evidence was introduced and admitted. Arguments of counsel were made and the jury of seven having been instructed by the Court in the law, and having rendered its unanimous Verdict on April 3, 2003, and good cause appearing thereof,

IT IS ORDERED, ADJUDGED AND DECREED that:

1. Plaintiff Deanna L. Freitag was subjected to a sexually hostile work environment because of inmate sexual misconduct.

2. Defendant California Department of Corrections knew or should have known that Plaintiff Deanna L. Freitag was being subjected to inmate sexual misconduct and failed to take prompt and effective remedial action reasonably calculated to curb or stop the inmate sexual misconduct.

3. Defendant California Department of Corrections retaliated against Plaintiff Deanna L. Freitag because of her protected activity, i.e., her complaints about the sexually hostile environment or her complaints about CDC's response to the problem of inmate exhibitionist masturbation.

4. Defendants Robert Ayers, Jr., Teresa Schwartz and Augie Lopez retaliated against Plaintiff Deanna L. Freitag because of her protected activity, i.e., her complaints about the sexually hostile environment or her complaints about CDC's response to the problem of inmate exhibitionist masturbation.

5. Plaintiff Deanna L. Freitag suffered actual injury, damage or harm as a result of the acts or omissions of Defendants.

6. Plaintiff Deanna L. Freitag is awarded compensatory damages as a result of the Defendants' acts or omissions in the following amounts:

Economic Loss: $500,000

Non-Economic Loss: $100,000

IT IS FURTHER ORDERED, ADJUDGED AND DECREED that:

1. Defendant Robert Ayers' conduct toward Plaintiff Deanna L. Freitag was malicious or in reckless disregard of Plaintiff's rights, and Plaintiff is awarded $100.00 in punitive damages against Defendant Robert Ayers, Jr. in order to punish and make an example of him.

2. Defendant Teresa Schwartz conduct toward Plaintiff Deanna L. Freitag was malicious or in reckless disregard of Plaintiff's rights, and Plaintiff is awarded $100.00 in punitive damages against Defendant Teresa Schwartz in order to punish and make an example of her.

3. Defendant Augie Lopez' conduct toward Plaintiff Deanna L. Freitag was malicious or in reckless disregard of Plaintiff's rights, and Plaintiff is awarded $100.00 in punitive damages against Defendant Augie Lopez in order to punish and make an example of him.

IT IS FURTHER ORDERED, ADJUDGED AND DECREED that Plaintiff

Deanna L. Freitag shall have and take nothing from Defendants David A. Carmichael, Glen Rodman. Paul Dillard. Barry O'Neill and George Neotti.

IT IS FURTHER ORDERED, ADJUDGED AND DECREED that Plaintiff

Deanna L. Freitag is the prevailing party herein, and shall be entitled to recover her costs of suit and reasonable attorneys' fees in an amount to be determined by the Court upon proper application therefor.

IT IS FURTHER ORDERED, ADJUDGED AND DECREED that Plaintiff

Deanna L. Freitag shall be entitled to recover prejudgment interest in an amount to be determined by the Court upon proper application therefor.

20030502

© 1992-2003 VersusLaw Inc.



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