Stanislaus supervisors want appellate court to reconsider decision in deputy’s case

Stanislaus County supervisors want an appellate court to reconsider last week’s ruling calling for a new trial in sheriff’s Deputy Dennis Wallace’s disability case.

In closed session Tuesday, the Board of Supervisors voted to ask the 5th District Court of Appeal for a rehearing. Last week, the appellate court ruled that the jury was given the wrong instructions before it decided in May 2013 that the county did not discriminate against Wallace, who has sought damages for being placed on unpaid leave for two years.

County Counsel John Doering said the county challenges whether a state Supreme Court decision in 2013, which was cited in last week’s ruling, applies to Wallace’s case, because of the timing of the high court decision. Wallace’s legal claims that he was not paid for work-related injuries were heard during two trials in 2012 and 2013, with the county prevailing.

“For a variety of reasons, we think the appellate court decision is wrong and are asking the court to reconsider,” Doering said.

Wallace said Tuesday afternoon, “It is the first I have heard of it. I am stunned. I am hoping they are wanting to show some dignity and respect for the employees that are injured.”

The deputy’s attorney did not return a phone message Tuesday.

Wallace’s case was thrust into the spotlight with a revelation in 2012 that department managers, including Sheriff Adam Christianson, referred to certain injured employees as “limp, lame and lazy.”

Wallace has tried to claim missed wages and benefits, as well as damages for emotional distress, for being placed on unpaid leave from Jan. 5, 2011, to Jan. 30, 2013. The Sheriff’s Department placed him on leave based on an evaluation he was not physically able to perform his duties. Wallace was reinstated as a deputy in early 2013.

In his appeal of the Superior Court outcome, Wallace’s attorneys claimed that Judge Hurl Johnson mistakenly told the jury the plaintiff needed to prove the county’s discrimination against him was based on ill will or animus.

The appellate court ruled last week that is not the standard of proof and ordered that Wallace’s case be retried in Superior Court to determine the amount of damages he is owed.

Stephen Murphy, who is Wallace’s attorney, said last week the appellate court ruling would set a precedent and make it easier for injured employees to be compensated.

This story was originally published March 1, 2016 at 5:19 PM with the headline "Stanislaus supervisors want appellate court to reconsider decision in deputy’s case."