OC police sergeant awarded $1.2 million after claiming false gay rumor cost him promotions

A Newport Beach police sergeant was awarded $1.2 million on Tuesday after a jury agreed with his claims that he was discriminated against based on false rumors that he was gay.

Sgt. Neil Harvey, a 27-year veteran, alleged in his lawsuit that the city retaliated against him because of the gossip and denied him a lieutenant position despite having more experience and formal education than other candidates. Harvey claimed former Police Chief Bob McDonell never promoted anyone perceived to be gay.

Harvey acknowledged after the jury's decision that he feels some apprehension about returning to work Wednesday after taking three weeks off for the court proceedings.

"I know that I came here and I told the truth," he said. "With that in mind, I return to work."

The trial showed deep divisions in the department, with several rank-and-file officers testifying in support of Harvey's claims, while several higher ranking members trying to dispel the allegations.

The city claimed Harvey was not promoted to other positions because of a hypercritical style that bothered colleagues. Jurors were not swayed, with two of them saying after the verdict that being detailed-oriented was a weak reason for denying someone advancement.

Harvey has a lengthy resume that includes an advanced college education and a top award for bravery.

In addition, the seven-woman, five-man jury agreed that Harvey faced retaliation for, among other things, defending an officer he thought was unfairly criticized by a superior.

The $1.2 million award includes economic damages — wages and pension benefits resulting from lost promotions — and compensation for enduring mistreatment.

John Girardi, attorney for the sergeant, said jurors got a "real sense of what had taken place and what happened to Neil."

"The one thing he's always wanted to do is be a police officer," Girardi said. "There's a certain sense that this jury validated the reasonableness of the complaints he made. I guess that might make going back to work a little bit easier."

An attorney for the city wouldn't say if an appeal would be pursued, but Police Chief John Klein appeared willing to let the matter rest.

"I'm looking forward to putting this behind us and focusing on what our primary purpose is, which is serving the community," he said.