Decision to Award $1.5M to Sexual Harassment Victim Overturned by Judge

The jury's ruling to award $1.5 million to a victim of sexual harassment in a lawsuit against the City of Oceanside has been overturned by a judge, according to 10News.

In April, a jury ruled 11-1 that Kimberli Hirst was found to be the victim of sexual harassment in 2008 by a co-worker, former Oceanside police officer Gil Garcia. The city was held liable since the incident happened on the job. Garcia was terminated in 2009. 

However, on Wednesday, Judge Jacklyn Stern overturned the decision, saying in court documents that Hirst's testimony ""appeared staged at times." Stern also found that Hirst was not credible, adding "(she) cried numerous times during her trial testimony, but admitted that when she eventually discussed the harassment four years ago (when it happened) she did not cry."

Now Hirst's lawyer, Dwight Ritter, is understandably upset that his client will get nothing in retribution from the city, her former employer, where she worked as a phlebotomist. 

"The city of Oceanside found her credible," Ritter told 10News. "They believed her testimony. They believed what they said about this man harassing her sexually to such an extent that they went and terminated the police officer."

After the original ruling in April, Oceanside City Attorney John Mullen filed motions to requesting that the court set aside the jury's decision. 

“There are many significant legal issues that may need to be addressed by an appellate court,” Mullen told U-T San Diego in an email.

Even with overturning the jury's almost unanimous decision, Judge Stern could have chosen to award Hirst any number in damages, up to the original $1.5 million. However, she awarded the nothing.