State Supreme Court won’t review Stanislaus deputy’s disability case

The California Supreme Court denied a petition from Stanislaus County that asked the court to review Deputy Dennis Wallace’s disability case.

Wallace, who has sought compensation for being placed on unpaid leave for two years, lost his 2013 discrimination case in Stanislaus Superior Court, but a state appeals court overturned the jury’s verdict in February.

The county asked the Supreme Court to review the 5th District Court of Appeal decision on grounds it will make it easy for injured or disabled employees to prove discrimination claims against employers. The Supreme Court denied the petition without comment last week.

County supervisors are scheduled to discuss the latest development in Wallace’s case in closed session Tuesday. In a statement, County Counsel John Doering said the county is disappointed the high court won’t review the matter.

“We are equally disappointed that the appellate court’s decision did not allow a jury to make a determination about whether the county discriminated against an employee,” Doering stated. “The bottom line is that the county is being held to a new, strict liability standard that did not exist before the appellate court decision. … The outcome isn’t fair or proper, and we are disappointed that the Supreme Court declined review.”

Attorney Stephen Murphy, who represents Wallace, said another trial will be held in Stanislaus Superior Court to determine what damages are owed to Wallace. The deputy’s lawsuit was thrust into the spotlight with revelations in 2012 that Sheriff’s Department managers referred to certain injured employees as “limp, lame and lazy.”

In his response to the county’s petition to the Supreme Court, Murphy wrote that the appellate court decision was entirely consistent with long-established law and was not suitable for review.

“It means employers will have to be careful about taking adverse actions against employees who they claim are disabled without exploring all options to accommodate them,” Murphy said.

Wallace, a former bailiff, has sought $468,000, including unpaid wages and benefits and damages for emotional distress. The Sheriff’s Department placed him on leave in January 2011 based on an assessment that his work-related injuries made him unable to work as a bailiff.

The county maintained Wallace was put on leave to protect himself, co-workers and the public.

Wallace’s first trial in Superior Court in 2012 ended with a hung jury. The verdict in the second trial, in May 2013, went in favor of the county, prompting the plaintiff to appeal. The 5th District Court of Appeal in Fresno ruled that Judge Hurl Johnson gave the wrong instructions to the jury when he said the plaintiff needed to prove that the Sheriff’s Department harbored bias and ill will against disabled employees.

The appeals court essentially nullified the jury’s verdict and ordered a new trial in Superior Court only to determine the amount of damages.

Wallace was reinstated to duty in early 2013 as a patrol deputy in Hughson.

This story was originally published May 16, 2016 at 6:35 PM with the headline "State Supreme Court won’t review Stanislaus deputy’s disability case."