Calif. Officer Sues Over Retaliation for Reporting Health Violations

Feb. 17, 2013
Officer John Schmidt, who is currently employed with Police Department, alleged he and another officer were exposed to "blood-borne pathogens" while on duty.

Feb. 17--A Glendale police officer has filed a lawsuit claiming he was the victim of repeated retaliation after he reported alleged health violations.

Officer John Schmidt, who is currently employed with Police Department, alleged he and another officer were exposed to "blood-borne pathogens" while on duty, according to a Los Angeles County Superior Court lawsuit filed Jan. 22.

He reported the incident on Sept. 28, 2011, to the city and the Police Department, alleging that he believed they failed to comply with California's Division of Occupational Safety and Health regulations. That resulted "in a serious threat to their and other officers' health and safety," according to the lawsuit.

Schmidt's complaint doesn't explain which Cal-OSHA regulations were allegedly violated, nor does it go into detail about his exposure to "blood-borne pathogens."

His attorney, Marla Brown, declined to comment about the complaint.

City Atty. Michael Garcia denied allegations "that the department failed to adequately deal with an exposure in this case, or otherwise violated any laws pertaining to worker health or safety."

He added that the city disputed "the contention that the city retaliated against the plaintiff in any manner."

Schmidt alleges that because he reported the violations, co-workers and the defendants ostracized him, and he was subjected to an unwarranted internal affairs investigation.

He also claims that he was denied or discouraged from applying to certain job positions, and was turned down for a special evaluation and a chance to attend Special Weapons and Tactics school.

Along with alleging being deprived of opportunities for overtime pay, Schmidt was reportedly subjected to an unwarranted evaluation and denied merit pay, according to the lawsuit.

Police and city officials also allegedly made false statements, which Schmidt claims "are reasonably calculated to harm or destroy" his reputation, according to the lawsuit.

Schmidt is seeking a judgment for the anguish he suffered, healthcare expenses and loss of wages, as well as attorney fees.

Copyright 2013 - Glendale News-Press, Calif.

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