Last month, a jury awarded $1.5 million to Crystal Eschert, a former fire investigator, because “it found the Fire Department retaliated against her for complaining about the quality of renovations at a new office building renovated for Eschert and her colleagues.” The city argued the allegations were false and filed an appeal. However, earlier this month Chief U.S. District Judge Frank Whitney upheld the jury’s decision against the city of Charlotte.
Last month, a jury awarded $1.5 million to Crystal Eschert, a former fire investigator, because “it found the Fire Department retaliated against her for complaining about the quality of renovations at a new office building renovated for Eschert and her colleagues.” The city argued the allegations were false and filed an appeal. However, earlier this month Chief U.S. District Judge Frank Whitney upheld the jury verdict against the city of Charlotte.
But what happened exactly? Was the retaliation she suffered solely due to complaints she made about the quality of renovations at a new office building? No. It turns out there was more to the story. The city of Charlotte claims that Eschert was fired over what the city called an “offensive Facebook post made after riots in Ferguson, Mo. in 2014.” Specifically, the post said:
“White guy shot by police yesterday near Ferguson … Where is Obama? Where is Holder? Where is Al Sharpton? Where are Trayvon Martin’s parents? Where are all the white guy’s supporters? So is everyone MAKING it a racial issue? So tired it’s a racial thing. If you are a thug and worthless to society, it’s not race – You’re just a waste no matter what religion, race or sex you are.”
Once that bit of news broke, Eschert and Meg Maloney, her attorney, claimed the city “created a fake internet persona to complain about the post to discredit the former fire investigator.
After hearing both sides of the aisle, a jury ruled in favor of Eschert back on May 11, though Judge Whitney “didn’t make a judgment on the case immediately, citing a number of technical issues with the trial.” At the time, many on the side of the city thought the verdict would be overturned, and some in the Government Center even “believed the jury had gotten the case wrong.”
When Whitney finally did make a judgment, he wrote: “the Court concludes…..that Plaintiff’s building complaints constituted protected speech under the First Amendment.”
The judge’s ruling didn’t surprise Eschert or Maloney, who said, “we expected this result by the judge, that he would honor the jury’s verdict.”
However, the city is unclear “whether Eschert will receive the full $1.5 million and that Whitney has not ruled on damages,” and will begin debating whether or not to appeal to the Fourth Circuit Court of Appeals, something the mayor and City Council will have to decide.
Sources:
Judge upholds $1.5 million Facebook post verdict
Former Charlotte fire investigator, awarded $1.5 million, wants more in damages
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