Firefighter passed over for promotion: Retaliation: Lost wages: Postverdict settlement: Punitive damages

Law Reporter, Apr 2003

Bitner P. City of Springdale, U.S. Dist. Ct., W.D. Ark., No. 01-5164, Oct. 18,2002.

Bitner, 40, was a firefighter in Springdale, Arkansas, and a union president. Bitner addressed the city council on the topics of firefighters' salaries and retention problems. Shortly thereafter, Bitner was passed over for promotion to fire captain despite his first-place ranking on a promotion placement exam. Bitner filed a grievance. The fire chief and the city mayor denied the grievance.

Bitner suffered lost wages and humiliation.

Bitner sued the city, and the fire chief and the mayor individually, alleging violation of his First Amendment rights, and retaliation in the promotion decision. Plaintiff claimed that the denial of promotion was punishment for speaking out at the city council meeting.

After suit was filed, plaintiff was denied an appointment to the pension-planning committee, and was demoted. After a dispute over the appointment, plaintiff was terminated for insubordination. The civil service commission reviewed the termination, determined it was unjust, and ordered plaintiff reinstated. Plaintiff then amended his complaint to add an allegation that he suffered harassment, and that defendants took personnel actions against him in retaliation for filing the suit. Defendant contended that the promotion decision was not retaliatory, but reflected the fire chief's concerns with plaintiffs leadership style.

A jury awarded plaintiff $100,000 in compensatory damages, $9,500 in past lost wages, and $120,000 in punitive damages against both the fire chief and the mayor.

The parties reached a postverdict settlement, under which the city will pay plaintiff $200,000 in compensatory damages, $9,500 in past lost wages, and $187,500 in attomeys' fees. Plaintiff will also receive a promotion to fire captain, with seniority. Plaintiff's Counsel

Molly Ann Elkin, Washington, D.C.

*Kenneth J. Kieklak, Fayetteville, Ark.