BAKERSFIELD, Calif. (KGET) — After a Kern County judge overturned a former Bakersfield fire captain’s initial victory in a lawsuit alleging race discrimination from the city, the case is now before the appeals court.

Edgar Quincy Sloan, a former fire captain with the Bakersfield Fire Department, filed a lawsuit against the city and the department in November 2020.

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The lawsuit alleged years of discrimination against Sloan based on his race and religion, which included verbal insults and interference in his attempts to get promoted to the battalion chief position. Sloan is African American and a Jehovah’s Witness, according to the complaint.

On Nov. 5, a local jury found the city was at fault and awarded Sloan $700,000. The city challenged that verdict and Judge Michael A. Caves ultimately overturned it Jan. 16, saying the jury at the time came to that conclusion without finding any acts of harassment nor discrimination.

Attorney Nancy Doumanian representing Sloan said they filed an appeal to restore the jury’s initial decision and the city has also filed a cross-appeal. The case is now moved to the appellate court.

If the appellate court finds the overturning was incorrectly issued, a trial would move forward, according to Bakersfield City Attorney Virginia Gennaro. On the other hand, if it rules in favor of the city, the lawsuit would end with the city’s victory.

“The jury spoke clearly, yet the city continues to deny responsibility and refuses to pay the verdict,” Doumanian said. “We remain confident in the strength of our case and in the integrity of the jury’s decision, and we will continue fighting to ensure that verdict is respected and upheld.”

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Gennaro emphasized that the city is the prevailing party in this case and the trial court also agreed with the city that the initial verdict should be overturned.

“We are confident that the court will again affirm Judge Caves’ ruling,” Gennaro said.

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