Sergeant Wins Lawsuit

"There definitely is a day-to-day problem with how the Sheriff's Department handles these types of complaints," Moriguchi said. "Rather than address them and try to resolve them, I think they're afraid of it becoming public information. So they try and squash it. That's easier than it is to deal with it. By squashing it, they use their power to influence the individual officer."

Moriguchi joined the department in 1985 at age 21. A native of Encino and a graduate of John F. Kennedy High School, he lives in the San Fernando Valley area. After a transfer to a remote station during the period of inquiry and litigation, Moriguchi was reassigned to Pitchess Detention Center, where he currently works.

Among the allegations and findings recorded in court documents are personal accounts dating back to Feb. 28, 1996, the day Moriguchi discovered the drawing:

• Although Moriguchi and another officer complain, the sketch remains intact on the board for at least three days. When the department finally addresses the drawing, it retaliates against Moriguchi and another Asian American officer for complaining.

• Shortly after seeing the drawing, Moriguchi complains to Sgt. Maurer, who criticizes Moriguchi but leads him to believe the complaint would be investigated. Moriguchi alleges and the jury finds that Maurer did not initiate a proper investigation.

• In May 1996, Moriguchi asks Maurer to correct certain mistakes on a police report that had been erroneously approved. Maurer refuses.

• During May 1996, Moriguchi's personal car is vandalized on three occasions while parked in the secured, Sheriff's parking lot at Metrolink. After each incident, Moriguchi reports the matter to supervisors, including Torres. Torres expressly refuses to investigate.

• In June 1996, Maurer questions colleagues about Moriguchi's behavior.

• In July 1996, Maurer threatens to make Moriguchi's life "miserable" if he reports certain criticisms of Maurer's conduct to Torres.

• In July 1996, someone breaks into Moriguchi's workplace locker, rifles through the locker contents and removes some Polaroid film. Moriguchi reports the incident to Torres, who refuses to investigate.

• On Sept. 17, 1996, Torres advises Moriguchi that he is the subject of a critical memorandum prepared by Maurer and others. Torres also reveals that he knows the allegations in the memorandum were, in fact, false, and that no action would be taken against Moriguchi. Moriguchi tells Torres and others that Maurer's memorandum was a subterfuge intended to intimidate, harass and retaliate against Moriguchi, and that the matter should be investigated by the Internal Affairs Bureau. Torres and others refuse to refer these complaints to the Internal Affairs Bureau, and threaten to initiate a separate investigation against Moriguchi if he persists in his demands.

• On Oct. 17,1996, Torres advises Moriguchi that Maurer has reported him for being late to work on Oct. 15. Moriguchi says he is being harassed by Maurer for refusing to drop his complaints about the racist drawing posted near Maurer's desk, and subsequent inaction. Torres informs Moriguchi that he would pursue the matter.

• On Dec. 3, 1996, Moriguchi receives his annual evaluation which is based on input from Maurer, and other supervisors named on the complaint. Moriguchi's overall rating, or Personnel Performance Index, is downgraded from the previous year. Unfavorable statements are entered into his formal evaluation. Moriguchi appeals the matter, and is refused a request to have the statements expunged from his record. Moriguchi says he believes this was done by the defendants to harass, intimidate and retaliate.

• When the complaint was filed in February 1998, Moriguchi is among the top 25 on the Sheriff's sergeant promotion list, and is a probable candidate for promotion in the upcoming rotation. While under Internal Affairs Bureau investigation Moriguchi cannot be promoted to higher rank, which leads him to believe he is being denied employment related opportunities.

• Under scrutiny of the court, he is later promoted to sergeant and summarily transferred to the Sheriff's northernmost outpost in Lancaster, adding 100 miles to Moriguchi's daily commute.

Moriguchi said he has come to recognize his plight is characteristic of the department's attempts at damage control.

"They threaten with similar things that happened to me: transfers, phony investigations brought up against an individual, downgrading evaluations, preventing someone from getting a particular job that would be considered special," Moriguchi said. "There's a lot of favoritism and abuse of power. That's widespread."

Although cheered by the court ruling in August, Moriguchi has spent little time celebrating of late. Perhaps due to the tenuousness of his employment, more than a month passed before he and his attorneys publicized Judge McCoy's ruling.

And after three years in and out of court, Moriguchi is at least circumspect about his future in the department.

"Based on what I've seen in past, I don't think the Sheriff's Department is going to sit back without some type of retaliation for this," Moriguchi said.

"It's a matter of whether I can prove that they're doing it or not. There are many subtle ways that management has used its power to silence the individual employee, and I suspect that might be coming down the road."