Articles

Police Officer Reinstated to Job, Wins Backpay & Damages

A legal team from Mansfield, Tanick & Cohen won reinstatement for Brendon Schram, a City of Minneapolis Police Officer, who had been fired from his job. Attorneys Phillip Trobaugh and Terry Ayling won a trifecta of court decisions and an arbitration, and then achieved a favorable mediation result for Officer Schram, all over a 2 year period.

The City fired Officer Schram in October 2008 and then denied him a civil service hearing he requested to contest the termination. Officer Schram had been a stellar police officer for 22 years, having been named Police Officer of the Year in 1991, and had maintained excellent police skills ever since. He faced retaliation and unfair treatment by several superiors, which he reported. As a result, he faced termination.

Attorneys Trobaugh and Ayling brought a federal lawsuit, arguing that the City had denied Officer Schram his constitutionally protected due process rights. Federal Magistrate Judge Jamie Mayeron agreed.

The legal duo then argued that the City should pay for Officer Schram's attorneys fees, given the significance of the constitutional victory. Again, Judge Mayeron agreed, ordering the City to pay over $50,000 in attorneys fees. The federal case was then put "on hold" pending the result at arbitration.

The case finally went to a hearing in late October and early November, 2010. Ten witnesses gave testimony over three full days, and over 2,000 pages of documents were presented.

The Arbitration award was issued in early March 2011, which found for Officer Schram. Arbitrator Jan Frankman ordered the City to reinstate him, with backpay and benefits, and with no loss of seniority. The Arbitrator found that the City's investigation into alleged misconduct had been fatally flawed and had denied Officer Schram his due process, and it lacked just cause to fire him.

The Arbitration now concluded, the City and Officer Schram agreed to mediate the remaining part of the federal case that had been waiting for the arbitration result. In April 2011, with the assistance of Chief Magistrate Judge Arthur Boylan, the City agreed to pay Officer Schram $325,000. The settlement agreement resulting from the mediation is a matter of public record.

"This was an important case for many reasons," said Mr. Trobaugh. "But mainly, it helped remind the City that its police officers have constitutional rights." Ms. Ayling agreed, adding: "Officer Schram has been restored to his job, and being a fine police officer, this is good for everyone." Providing critical support during the 2 year representation were legal assistant Gabriella Collen, and paralegal Molly Scott. "We had a great client, a strong legal position, and the best legal staff in Minnesota," Mr. Trobaugh said.