City to Pay Officer $4 Million in Bias Case

A Japanese American police officer will receive $4 million after the Los Angeles City Council decided Wednesday to settle rather than pursue an appeal of a jury’s finding that he was the victim of on-the-job racial discrimination, harassment and retaliation.

Veteran Richard Nagatoshi had won one of the largest employment discrimination judgments ever against the Los Angeles Police Department.

Nagatoshi, still a member of the LAPD, said Wednesday that he was pleased with the outcome but could not comment further.

“He endured many years of an attack on his dignity as a person, and he refused to let them win. He prevailed and was completely vindicated. It was a matter of honor,” said his attorney, Matthew McNicholas.

The alleged discriminatory acts occurred between 1996 and 1998 when Nagatoshi was assigned to the LAPD’s canine unit as a dog handler. He filed a discrimination claim with the state in 2001. His attorney said he suffered retaliation that same year.

After he filed that claim, in one incident Nagatoshi’s fellow officers in the K-9 unit refused to respond to his backup calls during a 2 1/2-hour car chase, McNicholas said.

In May 2001 Nagatoshi received an e-mail stating, “You will pay for your treachery,” according to court papers.

A Los Angeles County Superior Court jury unanimously found the city liable last year and awarded Nagatoshi $591,000 for lost wages and $3 million for general noneconomic damages for loss of value to his career.

The court later added attorney fees to the award, bringing the judgment to more than $4.1 million. Under the settlement, the city will pay $4 million.

Council members expressed concern about the rising costs of losing lawsuits against the LAPD, and the need for change.

“I continue to be concerned about the escalating liability in this department,” said Councilman Antonio Villaraigosa.

“While I realize these cases are from some years back, I’ve made it clear that we’re going to have to institute some reforms to change the environment and reduce our liability.”

Villaraigosa said there were a “disproportionate number of claims of a harassive environment and then retaliation for complaining about that kind of environment, and that’s what concerns me.”

“In a difficult budget year, it’s excruciating,” said Councilman Eric Garcetti. “But many times, it’s what you have to do to clean up the past and to turn around how the city treats its employees and the population at large.”

It is the second employment discrimination settlement involving the LAPD canine unit and Asian American officers this year.

In February, the council approved a $1.2-million settlement with former Officer Mark Tico for alleged discrimination and harassment.

Nagatoshi, 41, married with two children, graduated from the Police Academy in 1985 and was selected for the canine unit in 1993. After two years in the unit, all of the dog handlers, including Nagatoshi, spoke out against their supervisors.

Later, a sergeant made a derogatory remark about an Asian American driver during a K-9 unit event and forced Nagatoshi to sign a complaint form written in Korean, although he is not Korean, as his supervisors laughed, according to court records.

Over the next several months, supervisors shunned him and investigated him for two alleged excessive-force complaints, which were dismissed, according to the officer’s attorney.

Nagatoshi transferred to the Armory, where he distributes supplies, in November 2000, after filing his suit.

In that time, someone posted copies of his complaint in the K-9 unit offices and stuffed pink women’s underwear into his work mailbox, court papers said.

While finding that the city could be sued, the trial judge last year dismissed allegations against the individual officers named in the original lawsuit on grounds of the statute of limitations. Some of those officers remain with the department.