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Police officer, city settle lawsuit
By Stephanie Flemmons, Staff Writer
Plano Police Officer Michael Avera and the city of Plano settled their lawsuit out of court. Avera will receive $30,000.
The city council approved the amount Monday night.
Avera’s attorney Tisha Dodge said she couldn’t disclose certain information about the case, because Avera is still employed with the police department and is under direct advisement not to release information.
According to the suit, Avera requested a trial by jury on all issues, but settled out of court.
Levi McCathern, who practices commercial litigation including employment and labor law in Dallas, said plaintiffs pull out of jury trials because they feel the risk of going to the jury can outweigh the amount of money being offered.
“Jury trials are very unpredictable,” McCathern said. “The amount governmental entities offer is a lot less than a private individual. It is really difficult to get them to settle at any level. When they do, it means there was liability in the case.”
Avera filed a suit against the city in December of 2005 after the Equal Employment Opportunity Commission issued him a notice of right to sue.
According to the suit, Avera performed duties as a patrol officer for 11 years and obtained various certifications as a field training officer, a state-certified police instructor, an ASP baton instructor and a firearms range officer.
In April of 1997, Avera was promoted to detective of the Criminal Investigations Division.
Avera suffered a heart attack while on duty in July 2003. Due to the severity of the attack, Avera underwent quintuple bypass surgery. Avera attempted to return to work, but his health suffered a relapse and was forced to take medical leave again.
After Avera returned to work in December 2004, his supervisor repeatedly told him that a person who had a heart attack and surgery could no longer perform the job of detective and that Avera should transfer back to being a patrol officer.
Through the acts of Avera’s supervisor, Avera was reprimanded for having a large case load and making a mistake on a search warrant.
Avera complained that he was being retaliated against because of his medical condition and age. Avera eventually was demoted to patrol officer.
Avera filed an EEOC Charge of Discrimination on nine counts asserting that his rights were violated under the Americans With Disabilities Act, Age Discrimination in Employment Act, Family Medical Leave Act and Texas Commission on Human Rights Act.
Contact Stephanie Flemmons sflemmons@acnpapers.com
The following are comments from the readers.
In no way do they represent the view of Starlocalnews.com
In no way do they represent the view of Starlocalnews.com
Plano Citizen wrote on Oct 2, 2007 2:30 PM:
" What happened to the Police Supervisor that just cost our city $30,000??? It's not mentioned in the article. "
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