One of the costliest racial harassment cases in the history of the Los Angeles City Fire Department grew more expensive Monday when a jury awarded $1.6 million to two white captains suspended after a black firefighter they supervised had his meal laced with dog food.
Capts. John Tohill and Chris Burton sued the city in October 2006, alleging that they were made scapegoats for the misconduct of a Latino firefighter who placed dog food in the spaghetti dinner of firefighter Tennie Pierce four years ago.
For The Record
Los Angeles Times Friday, March 07, 2008 Home Edition Main News Part A Page 2 National Desk 2 inches; 79 words Type of Material: Correction
Firefighters: An article in Section A on Tuesday about a $1.6-million jury award to two white firefighters in a hazing incident included a list of other costs to the city of Los Angeles in the same case. In the 2004 incident, black firefighter Tennie Pierce's dinner was laced with dog food; the accompanying list said $1.5 million was awarded to Pierce four years ago. In fact, Pierce did not receive a $1.5-million settlement from the city until last September.
In November 2006, the City Council voted to award Pierce more than $2.7 million for racial harassment, but the settlement was eventually reduced to $1.5 million after a political firestorm erupted at City Hall. The city spent an additional $1.3 million on legal fees in the Pierce case.
The city has not yet totaled the legal expenses for the white firefighters' case. But with Monday's verdict, the city's bill for the dog food incident already has reached $4.5 million.
"They're happy they were vindicated," attorney Gregory W. Smith said of the two fire captains. "But they wish this never happened."
In the last two years, the 3,900-member department -- considered among the nation's best -- has been rocked by allegations of unchecked racism, discrimination and harassment that have cost taxpayers more than $13 million in legal payouts, not including Monday's verdict. Among the payouts was a $6.2-million jury award last summer to Brenda Lee, who alleged that she was harassed off the force because she is black and a lesbian.
But to many white firefighters, the Pierce case came to symbolize a disciplinary system skewed in favor of women and nonwhite firefighters.
"When it comes to a minority -- female or male -- and there's the word 'discrimination,' everybody runs and hides and puts their heads in the sand," said Capt. Mark Khitikian, a 34-year veteran. "The department is afraid to look at these things fairly."
In their lawsuit, Burton and Tohill, who have been with the department 34 and 26 years, respectively, alleged they were discriminated against because they are white. The discrimination persisted throughout the inquiry that followed the Oct. 14, 2004, hazing of Pierce at Fire Station 5 in Westchester, they alleged.
"When Burton and Tohill found out about the practical joke, they took immediate steps to address the incident," the lawsuit says, alleging that Pierce himself asked that the matter be "kept quiet" and that it was not racially motivated.
