How to make $150,000 in 4 easy steps!
Who wouldn’t want to make an easy $150,000? Thanks to the amazing civil justice system in place today, you too can cash in and maybe even have a little fun while doing it!
From the North County Times:
Oceanside to pay $150K to settle lawsuit
Step 1: Generally underperform all reasonable expectations of satisfactory performance at a city job - perhaps break a couple of laws while you’re at it!
The city argued in the trial brief that Osby treated McCloskey like any other subordinate employee, including correcting him when he misspoke at meetings and assigning someone else to prepare a budget when McCloskey failed to prepare it on time.
McCloskey lost his job because he failed to submit to the city the paperwork required to extend his medical leave and because he failed to return to work, the city argued in its trial brief.
Three months before he lost his job with the city, McCloskey was arrested on suspicion of drunken driving on Interstate 5. A Superior Court jury convicted McCloskey of misdemeanor drunken driving in connection with the May 2004 arrest, but jurors could not reach a verdict on whether McCloskey resisted arrest, which resulted in that charge being dismissed.
Step 2: Get Fired
In a trial brief filed with the court before the settlement was reached, the city alleged that it had “a legitimate business reason” for terminating McCloskey and that McCloskey “refuses to take responsibility for his job deficiencies” and has blamed Osby instead.
Step 3: Cry discrimination, regardless of whether your claims seem ridiculous to any sane person
…a lawsuit in which a former assistant fire chief alleged that he was subjected to racial and disability discrimination…
McCloskey alleged in his lawsuit that former Oceanside fire Chief Robert Osby — who left the department in July 2005 at the request of then-City Manager Steve Jepsen — harassed, discriminated against and retaliated against McCloskey after McCloskey said in early 2004 that he was not interested in having Osby mentor him. Both McCloskey and Osby are black.
McCloskey also alleged in the lawsuit that he was a “disabled” person under the law because he suffered from “hypertension, high blood pressure and severe stress.”
When McCloskey complained about alleged harassment by Osby, the city hired an independent investigator who interviewed 24 witnesses before concluding that Osby did not harass McCloskey, the city argued in its trial brief.
Step 4: Time to get paid!
Oceanside to pay $150K to settle lawsuit
Step 5 (optional): Got some extra time? Surely there are other people you can sue!
In July 2005, McCloskey filed a federal lawsuit against the state and four California Highway Patrol officers, alleging that his rights against unreasonable search and seizure were violated and that the officers used excessive force in taking a blood sample from him against his will.
Attorneys for the state and the officers have argued in court documents that the officers used reasonable force in arresting McCloskey, that McCloskey agreed to submit to have his blood drawn after officers prepared to do a forced blood draw, and that McCloskey cannot win on his claims of false arrest and false imprisonment because a jury convicted him of drunken driving.
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