Marlon Quesada, a former deputy sheriff with the Los Angeles County Sheriff's Department, has lost his appeal in a case where he claimed that the department wrongfully denied him a promotion. The complaint was filed by Marlon Quesada in the Superior Court of Los Angeles County against the County of Los Angeles and others on March 2021.
Quesada's lawsuit arose from his contention that the department improperly considered a disciplinary investigation against him during its promotional review process, despite this investigation being terminated due to a statute of limitations. The trial court initially rejected Quesada's claims, leading to his appeal. In his appeal, Quesada argued that the trial court should have applied a burden-shifting approach akin to those used in discrimination cases under McDonnell Douglas Corp. v. Green. However, the appellate court upheld the trial court's decision, affirming that plaintiffs bear the burden of proof in civil litigation by demonstrating their claims through a preponderance of evidence.
The case centers around Quesada's history with the department and several disciplinary actions taken against him over his career. He joined the department in 1995 and faced suspensions for misconduct in 1999 and 2012. A significant administrative investigation launched in 2015 focused on allegations involving fraternization with individuals potentially involved in illegal activities. This investigation led to Quesada being placed on administrative leave and receiving notice of intent to discharge in 2017. However, he successfully argued that this notice came after the statute of limitations had expired, resulting in an injunction against further disciplinary action related to this investigation.
Despite being reinstated as a deputy sheriff, Quesada faced challenges upon returning to work and sought promotions unsuccessfully multiple times between 2017 and 2021. He claimed that information from the time-barred investigation influenced decisions regarding his promotion eligibility, particularly when he scored highly on sergeant examinations but was not promoted.
In response to these grievances, Quesada filed for writs of mandate seeking promotion, back pay, penalties for legal violations amounting to $25,000 per violation, actual damages, attorney fees, and costs. However, both lower courts found no evidence supporting claims that departmental decisions were illegal or arbitrary.
The appellate court’s decision highlights how procedural fairness must be balanced with management discretion within law enforcement agencies while maintaining public trust and ensuring officer integrity. The judges presiding over this case included Judge James C. Chalfant at the Superior Court level and Justices Wiley J., Stratton P.J., and Viramontes J., who concurred with affirming judgment at the appellate level (Case ID: B326986). Legal representation for Marlon Quesada was provided by Rains Lucia Stern St. Phalle & Silver with attorneys Jacob A. Kalinski and Brian P. Ross; meanwhile Hausman & Sosa represented defendants through Jeffrey M Hausman along with Larry D Stratton & Vincent C McGowan.