Police Detective Cleared of Wrongdoing; Reinstated with Back Pay and Benefits

Detective Batrez’s Outstanding History

Prior to the internal investigation at issue and the eventual termination, Detective Batrez had approximately 22 years in law enforcement, 10 years of which he served as a dedicated and decorated officer at the Livermore Police Department.

When he joined the Livermore Police Department in 1999, Detective Batrez quickly established himself as an enthusiastic, highly proactive team player who never hesitated to assist his fellow officers. The Department recognized Detective Batrez’s work ethic and commitment by selecting him for various specialized units and assignments. Time and again, Detective Batrez was praised for his professionalism, hard work and dedication to the Department and the community.

In fact, Detective Batrez’s personnel file is replete with outstanding evaluations, letters of accommodation, Departmental commendations and the like from command staff, community members and other officers in the Department.

In 2006, Detective Batrez assisted in creating and implementing a Departmental Gang Unit. For obvious reasons, the Department appointed Detective Batrez a member of the Unit. Not only did Detective Batrez assist in dramatically curbing gang violence in the City, but he also worked at snuffing out the problem at its roots by teaching gang awareness classes in local schools, homes and at community meetings. Detective Batrez held this prestigious position until his termination.

Before his termination, no one questioned Detective Batrez’s character, honesty or commitment to law enforcement.

That changed on October 9, 2009.

The Incident and Medical Condition that Led to His Termination

Despite his nearly unblemished record and proven dedication to the City of Livermore, Detective Batrez’s integrity and veracity were called into question on October 9, 2009.

Prior to October 9, Detective Batrez worked a gang detail that involved extensive undercover surveillance and travel. Accordingly, the Department entrusted Detective Batrez with a take-home vehicle. The detail also involved very long and erratic hours, requiring Detective Batrez to work well into the early morning hours. Such was the case the week prior to October 9, 2009.

Obviously, the erratic nature of the assignment was disruptive to his sleep schedule, and Detective Batrez often had difficulty falling or staying asleep. This problem was compounded by a previously diagnosed condition of sleep apnea, for which Detective Batrez was undergoing treatment, and ongoing allergies, for which Detective Batrez ingested a daily dose of prescribed medication.

On October 8, 2009, Detective Batrez was feeling the effects of working the gang detail, weeks without sleep and unending allergies. As a result, he ingested his daily dose of prescribed allergy medication that morning. Much later that evening, he also ingested recommended doses of over-the-counter medications in an attempt to obtain much-needed rest and curb recent flu-like symptoms that had developed. He had never before taken such medications together, nor had he taken this combination of
over-the-counter medications while also ingesting his allergy medication.

The next morning, Detective Batrez felt a bit tired but decided to shake it off and drive his take-home vehicle from his home in Tracy to the Department. About halfway through the drive, Detective Batrez collided with an object in the freeway, causing a tire blowout. Rather than calling AAA, friends or family for assistance, Detective Batrez immediately contacted dispatch, informed them of the blowout and requested assistance. Detective Batrez also immediately reported the accident and resultant damage to the on-duty supervisor.

In fact, he discussed the accident, the damage and his whereabouts with the on-duty supervisor numerous times after the accident, and agreed to meet the supervisor at the Department’s Corp. Yard.

Throughout his communications, Detective Batrez appeared confused and “out of it” to both dispatch and the on-duty supervisor. Moreover, Detective Batrez began to realize that he was not merely drowsy from lack of sleep, but that he might be suffering from a serious medical condition. Although Detective Batrez waited for the on-duty supervisor for some time at the Corp. Yard, he left prior to the supervisor’s arrival because he was feeling increasingly ill and wanted to go home to rest. Detective Batrez did, however, inform the on-duty supervisor that he was headed home.

At home, Detective Batrez slept for nearly 12 hours and, therefore, did not communicate with anyone from the Department. After being passed out for almost 12 hours, Detective Batrez awoke to difficulty breathing and near inability to swallow. Given the gravity of the situation, Detective Batrez elected to go to the emergency room. To communicate his whereabouts and condition to the Department, Detective Batrez contacted one of the highest-ranking members of the Department and informed him that he was suffering from a serious medical condition and was en route to the emergency room.

Eventually, Detective Batrez was admitted to the hospital overnight, a gamut of tests was conducted and doctors determined that Detective Batrez suffered from a severe reaction to ingredients in the medications he ingested. As a result, doctors have drastically altered Detective Batrez’s medications and now carefully monitor his condition.

No one from Department inquired about Detective Batrez’s welfare. Instead, believing that Detective Batrez’s actions and reactions were caused by some criminal or deceitful conduct, the Department immediately placed Detective Batrez on administrative leave and began a formal investigation.

The Investigation, Arbitration and Return to Work

Over the course of a nine-month internal investigation, the investigator searched high and low for untoward conduct preceding this incident by interviewing members of the Department, officers on gang detail at neighboring agencies and Detective Batrez’s friends. He found absolutely nothing. Moreover, neither the investigator nor the Department could unearth any alternate cause for Detective Batrez’s accident or subsequent behavior. Every piece of evidence suggested a medical emergency. However, as is the case with many investigations, the investigator omitted nearly every reference, either documentary or by witnesses, that this accident and subsequent behavior resulted from a medical emergency. At the conclusion of the investigation, and without pertinent information, the Department overlooked Detective Batrez’s positive history and terminated him.

At the arbitration to determine the validity of the termination, Detective Batrez introduced a variety of medical records. All these records indicated that he suffered from a very serious medical condition. With generous assistance from the Legal Defense Fund, an expert on the effects of drugs on the human body reviewed these records, as well as the side effects of the medications ingested by Detective Batrez on October 8. The expert testified at the arbitration that, in his expert opinion and after careful analysis, Detective Batrez’s accident and actions on October 9 and 10 were caused by an adverse reaction to prescribed and over-the-counter medications. He further opined that this type of adverse reaction to the medications ingested is not widely known in the medical community and is largely unnoted on warning labels.

Nearly all the other witnesses and documentary evidence corroborated the expert’s opinion that Detective Batrez’s actions were not criminal or deceitful, but arose due to a medical condition. In fact, one of the City’s stars witnesses, the on-duty supervisor on October 9, testified that he informed the investigator shortly after the incident that he believed Detective Batrez’s vehicle accident and subsequent behavior could be due to a medical condition or medications, but that his information was ignored in the final report.

Eventually, in the face of overwhelming evidence, the Department capitulated that Detective Batrez’s vehicle accident and his actions after the accident resulted from a serious medical condition. Thus, the Department acknowledged at the arbitration that it terminated Detective Batrez solely because he suffered from an unintentional, adverse reaction to medications.

After four days of testimony, largely consisting of favorable testimony from the City’s witnesses and written briefs, the arbitrator determined that the internal investigation and discipline implemented as a result of the investigation should be given little to no weight. He based this decision on a myriad of reasons, including that a conflict of interest with the investigator severely tainted the investigation, the investigator ignored exculpatory information, the investigation and report were based on impermissible opinion and unsubstantiated suspicions and, ultimately, the investigation was driven by improper motives. In the end, the arbitrator focused on the actual evidence and readily agreed that Detective Batrez’s “motor vehicle accident on October 9, 2009, and his subsequent behavior that day, resulted from an unanticipated medical condition that was compounded by the effects of his strenuous working hours.” As a result, he ordered that the City immediately reinstate Detective Batrez with full back pay and benefits.

Conclusion

Today, Detective Batrez has returned to work at the Livermore Police Department and is, once again, dedicating his life and career to serving the citizens of Livermore. He is thankful that the Legal Defense Fund provided unwavering support through this long and difficult struggle.

On a personal note, there is nothing more rewarding in this practice than helping vindicate a client, and now friend, and returning him to a job that he loves.

About the Author

Terry Leoni is a senior associate in Rains Lucia Stern’s Legal Defense of Peace Officers Practice Group and Criminal Defense Practice Group. Leoni graduated from the University of California at Santa Barbara and earned her law degree at the University of the Pacific, McGeorge School of Law, where she graduated with distinction.