Date: 07-24-2010

Case Style: Chris Romero, Roger Bodine and Dave Valdez v. Yellowstone County, et al.

Case Number: 1:06-cv-00104-RFC

Judge: Richard F. Cebull

Court: United States District Court for the District of Montana (Yellowstone County)

Plaintiff's Attorney: Kevin Brown, Paoli & Brown, Livingston, Montana for David Valdez

Tim Kelly, Kelly Law Office, Emigrant, Montana for Chris Romero

Mike San Souci, Law Office of Michael J. San Souci, Bozeman, Montana for Roger Bodine

Defendant's Attorney: Kevin Gillen, Daniel L. Schwarz and Ryan C. Nordland, Office of the Yellowstone County Attorney, Billings, Montana

Description: Yellowstone County, Montana Deputies Chris Romero, Roger Bodine and Dave Valdez sued Yellowstone County, Jay Bell, Chuck Maxwell, Richard Brennan and Bill Michaelis on civil rights violation theories under 42 U.S.C. 1983 claiming that they were discriminated against for exercising their free speech rights and then retaliated against them for complaining.

In 2005, Defendants received a tip that Romero was using illegal drugs. Romero was forced to provide provide hair samples for testing, which proved negative. He filed a grievance with the Montana Human Rights Bureau and was supported by Valdez and Bodine. The Deputies who supported Romero were pressured to change their positions.

Plaintiffs also claimed that they were subjected to derogatory comments because of their Hispanic ancestry.

The defenses asserted by the defendants are not available.

Outcome: The jury awarded $100,000 on Plaintiffs' retaliation claims and $150,000 each on their free speech claims. Plaintiffs were also awarded $145,000 in punitive damages under the Montana Human Rights Act violation claims.

Plaintiff's Experts:

Defendant's Experts:

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