The city of Los Angeles is seeking a new trial or a reasonable reduction in damages in the case of a former Los Angeles Police Department commander who was awarded $5.7 million by a jury in her retaliation suit.
Former Cmdr. Nicole Mehringer was found passed out and drunk in a police vehicle that crashed into a parked car while she was accompanied by a subordinate in 2018 in Glendale. She contended that by being terminated, she was treated more harshly than male counterparts involved in similar situations while under the influence.
A Los Angeles Superior Court panel deliberated for about 90 minutes before reaching its verdict on March 18. The award includes $3.75 million to compensate Mehringer for past and future loss of reputation and emotional distress.
On Wednesday, the City Attorney’s Office filed court papers with Judge Theresa Traber in advance of a June 18 hearing asking for a new overall trial or one focusing only on damages. The city also is suggesting a third alternative in which Mehringer would agree to reduce the $5.7 million damage amount to a new total that Traber believes is “fair and reasonable.”
According to the city’s court papers, Traber erred in excluding portions of former LAPD Chief Michel Moore’s testimony that would have allowed the defense to show there were legitimate, independent reasons to terminate her.
The City Attorney’s Office also contends that the judge prevented the defense from presenting evidence about the details of the severity of Mehringer’s actions on the night she was found passed out as well as alleged inconsistencies in her sworn statements.
The City Attorney’s Office also contends in its pleadings that plaintiff’s counsel was allowed to make prejudicial remarks to the jury.
“During closing (arguments), plaintiff’s counsel made two improper statements about how the jury should form negative inferences against the city for the city’s failure to present evidence even though the court prevented the city from presenting that same evidence,” according to the city’s court papers.
A Board of Rights hearing concluded with Mehringer being found guilty of being drunk in a public place, allowing an intoxicated subordinate to operate the plaintiff’s city-owned vehicle as well as failing to cooperate with police during her arrest and booking, the suit stated.
Mehringer pleaded guilty to failing to disclose to the department that she was involved in a romantic relationship with a subordinate, the suit further stated.