BAKERSFIELD, Calif. (KGET) — A Kern County judge overturned the verdict in a former Bakersfield fire captain’s lawsuit, saying in a written ruling the jury concluded the city of Bakersfield was at fault without finding any acts of harassment or discrimination.

In November of 2020, Edgar Quincy Sloan — a former fire captain with the Bakersfield Fire Department — filed a complaint against the city of Bakersfield and the department alleging discrimination based on race and religion.

The complaint said Sloan is African American and a Jehovah’s Witness. This was known to people at the fire department who weren’t tolerant of his religion nor his racial background, according to the complaint.

Sloan was denied job opportunities and promotions, received “sham” write-ups, called racial slurs and more, the complaint said.

Kern County Superior Court Judge Michael A. Caves overturned the verdict on Friday, granting the city’s motion for judgment notwithstanding the verdict.

The ruling said the jury found the city hadn’t engaged in any acts of discrimination and Sloan wasn’t harassed due to race. It also said the jury found race was not a “substantial motivating reason” in the city’s decision to not promote him to a battalion chief position.

“From 31 special verdicts, the jury never found that (Sloan) suffered discrimination or harassment,” the ruling read.

“However, even though the jury found no acts of harassment or discrimination, they went on to conclude that the City had failed to prevent harassment and discrimination within the workplace as to Plaintiff.”

‘I felt vindicated’: Former Bakersfield fire captain breaks silence on lawsuit

Caves also granted the city’s motion for a new trial, according to the ruling.

On Nov. 5, a local jury returned a verdict in favor of Sloan, finding the city guilty of race discrimination and retaliation. Sloan won $700,000 for this verdict.

Since then, the city of Bakersfield has been trying to challenge the verdict and request a new trial.

William Bruce, one of the Clifford & Brown attorneys representing the city, said in a declaration to the court he lacked experience in employment-based claims. He said he made an error in trial while his co-counsel John Szewczyk — who has primary knowledge in employment-based litigations — was absent due to medical reasons.

“My alleged failure to object to an error which I otherwise did not realize existed, was never any form of litigation related strategy, nor was it an attempt to gain a technical or litigation advantage,” Bruce said in the document.

17 News has reached out to the Bakersfield City Attorney’s Office and Sloan’s attorney but has not heard back from either as of Tuesday evening.

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