Associated Press
YAKIMA, Wash. (AP)- A federal judge has reversed part of his own ruling, allowing a fired officer to proceed with a claim that he faced a hostile work environment in the Yakima Police Department.
Tony Ramos, who was fired in December 1999 after he refused to wear a bullet-resistant vest, has sued the city for $5 million, contending he lost his job because he is Hispanic.
Last month, U.S. District Court Judge Fred Van Sickle in Spokane ruled against Ramos’ claim that racial discrimination was a factor in the firing and against the claim that he faced a hostile work environment during his six years on the job.
Cliff Freed, Ramos’ lawyer, asked Van Sickle to reconsider.
On Monday, Van Sickle again rejected Ramos’ claim that race was a factor in his termination, but resurrected Ramos’ claim of a hostile work environment.
“This is really a victory for Tony. He gets his day in court,” Freed said Wednesday.
Ramos said he may still appeal Van Sickle’s decision on the discrimination portion of the lawsuit.
The case is scheduled for trial in March 2003.
Seattle lawyer Sheryl Willert and Yakima City Manager Dick Zais said the city will continue defending itself regardless of the judge’s ruling.
Freed had argued the city, in its motion for summary judgment, had never asked Van Sickle to address the hostile work environment claim.
Van Sickle accepted that argument, calling that part of his earlier ruling “improper.”
Van Sickle’s reversal came over the city’s objections.
“Courts have recognized the rule as an extraordinary remedy, which should be used sparingly, as its purpose is not to provide a party with another bite at the apple on issues that should have been raised before judgment,” the city said in court papers.
For the most part, Ramos’ hostile work environment claim should not face as many legal obstacles when its presented, Freed said.
“The door is wide open for him to present his case, other than to argue that discrimination was a factor in his termination,” he said.
That would include information from other Yakima police officers, both past and current, as well as citizens who have come forward with complaints, Freed said.
Willert said the city doesn’t believe Ramos has any evidence to support the hostile work environment claim.
Van Sickle’s ruling, however, refers to alleged discriminatory statements Ramos has attributed to Lt. Gary Belles, a supervisor who investigated the disciplinary matter that led to Ramos’ termination.
Based in part on Belles’ recommendation, Police Chief Don Blesio fired Ramos for disobeying an order to wear a bullet-resistant vest and lying about the circumstances surrounding the order.
Ramos appealed to the city Police and Fire Civil Service Commission, which, in the fall of 2000, upheld his firing as justifiable but dismissed the dishonesty charge.
A Yakima County Superior Court judge also upheld the termination last year.
Ramos also filed complaints with the state Commission on Hispanic Affairs and the federal Equal Employment Opportunity Commission, which issued a finding supporting his claim that he faced a hostile work environment.