BENTON – Jurors in U.S. district court awarded $250,000 to former Madison County jailer Gustavo Navarrete on June 30, finding sheriff John Lakin fired him for conduct that wouldn’t have cost others their jobs.
The verdict covered pain and suffering but not pecuniary loss, which District Judge Staci Yandle reserved for a possible second trial.
Navarrete alleges he lost $594,775.96 in wages, $551,235.22 in pension benefits, $56,002.54 in sick leave, and $48,787.20 in health insurance.
Jurors interrupted their deliberation after an hour and six minutes, to ask Yandle for an Illinois state police report on an inmate’s complaint against Navarrete.
She delivered it in six minutes, and a verdict followed in less than three hours.
Madison County hired Navarrete in 2008, and Lakin terminated him in 2016.
Paul Slocomb of St. Louis sued the county for Navarrete in 2017, claiming Lakin fired him improperly and Lakin’s employees ridiculed his Hispanic heritage.
He claimed employees made him interpret for inmates when the county didn’t hire him for that purpose.
As trial approached, Slocomb declared his intention to call Navarette, Lakin, and sergeant Paul Sarhage as witnesses.
County counsel Heidi Eckert of Clayton, Mo. declared her intention to call Lakin, Sarhage, and eight other witnesses.
She listed 15 others she might call including James Govero, who filed the complaint against Navarrete.
Her list all but vanished as trial boiled down to termination.
On June 28, Slocomb and Eckert chose eight jurors and made opening statements.
After lunch, Navarrete testified for an hour and 14 minutes.
On June 29, on a motion from Navarrete, Yandle admitted the report on the inmate’s complaint for a limited purpose.
Navarrete testified for an hour and 27 minutes.
He admitted that on Nov. 12, 2015, he told pretrial detainee James Govero he’d spray him with pepper if he didn’t shower.
He admitted he threw a jumpsuit at Govero and it fell to the floor and got wet.
After lunch, Navarrete called Lakin to the stand.
Lakin said he based his decision on the totality of Navarrete’s conduct in the course of his employment culminating with Govero.
He said Navarette prompted another detainee to attack and harm Govero.
Navarrete called sheriff’s sergeant Paul Sarhage, who testified for 14 minutes.
Navarrete rested, and Yandle sent jurors out.
Eckert moved to direct a verdict for the county.
Slocomb said Lakin didn’t review the Govero report, showing he used Govero’s complaint as a pretext.
Yandle denied the motion.
Lakin called retired officer Brad Wells, who testified for an hour and 11 minutes.
Yandle held a conference on jury instructions, adjourned, and concluded the conference the next morning.
Eckert moved for reconsideration of a directed verdict, claiming Navarrette presented no direct proof of discriminatory intent.
Yandle denied the motion, and Lakin rested.
Jurors heard final arguments, and Yandle instructed them.
“To determine that plaintiff was terminated because of his national origin, you must decide that defendant would not have terminated plaintiff if he had not been Hispanic or Latino but everything else had been the same,” Yandle said.
She told them not to consider lost wages and benefits, which she would calculate.
“No evidence of the dollar value of mental and emotional pain and suffering has been or needs to be introduced,” she said.
Around noon, jurors asked her for the investigation into the Govero incident.
It showed three inmates provided details that contradicted Govero’s complaint.
It showed Sarhage said he was unaware of any altercation and the shower was a part of the intake process where conflict could arise.
Jurors returned with a verdict at 2:43 p.m., and Yandle polled and excused them.
She wrote that trial on damages would proceed as to be determined.