Sean McCauley represented an Independence, Missouri police officer in a termination arbitration over allegations that the officer had gone home early and failed to respond to calls for service.  The arbitrator adopted Sean’s arguments and ordered the officer reinstated.  After the Employer tried to “modify” the arbitrator’s decision, Sean and Morgan Roach filed a lawsuit seeking to enforce the arbitration award.  After the parties filed cross-motions for summary judgment, presented detailed written argument, and presented oral argument, the trial court granted summary judgment in favor of the officer.  When the City appealed, Morgan represented the officer throughout the appellate process.  After oral argument was submitted, Morgan negotiated a settlement in late 2011 which included the officer’s record being cleared and a six-figure payment.

Concluding in 2011, Sean McCauley defended a Kansas City, Kansas police officer in a lawsuit claiming damages from the officer allegedly using excessive force.  After various pre-trial motions were ruled upon, Sean helped negotiate a settlement on terms favorable to the officer and which did not require the officer to concede liability.

Morgan Roach and Jeff Kratofil filed a lawsuit against a large corporation alleging that it had violated an employee’s FLSA rights.  The employee had spent months of off-duty time on an unpaid side project which benefited the employer.  Despite counter-arguments from the employer, Morgan and Jeff were able to establish clear liability and used that leverage to negotiate a settlement which compensated the employee at his overtime rate for all hours he estimated he spent on the project.  The Company required the settlement amount to be confidential.  The file was closed in 2011.

In 2009 and 2010, Sean McCauley defended multiple Kansas City, Kansas police officers in a wrongful death/1983 action filed in connection with the in-custody death of an arrestee.  After discovery closed, the parties engaged in mediation and ultimately reached a settlement which was favorable to the officers and which did not require them to concede liability.

Morgan Roach and Jeff Kratofil filed a lawsuit claiming a female police officer was terminated because of her gender by the City of Richmond, Missouri.  The City immediately moved to dismiss and argued that the officer had not suffered an actionable adverse employment action because she had been reinstated after an administrative hearing.  In written briefs, Morgan was able to demonstrate that, despite her reinstatement, the officer had suffered an adverse employment action sufficient enough for her to proceed to trial.  The parties conducted discovery and eventually reached a settlement of the claims in 2010.

In early 2010, Morgan Roach represented a St. Joseph, Missouri police officer in a suspension case.  The officer had been accused of excessive force for punching a suspect after the suspect had used his car to ram to the officer’s patrol vehicle.  When the punch was thrown, the officer had approached the suspect’s vehicle on foot and was attempting to remove the suspect from the vehicle after the suspect refused to do so.  During this time, the suspect’s vehicle was pressed up against the patrol vehicle and the suspect was revving the engine.  Morgan used expert testimony to show that the officer acted reasonably under the circumstances and should not be disciplined.  An arbitrator ultimately agreed and determined there was not just cause for the suspension.  The officer’s suspension was overturned, his record was cleared, and he was paid back-pay.

In 2009, Morgan Roach represented a Wyandotte County Sheriff’s Deputy in an arbitration over his termination.  The Employer had accused the deputy of orchestrating a fight between inmates, of failing to promptly intervene in the fight which resulted, and of using excessive force was he did intervene.  As to all three allegations, Morgan was able to show that the evidence did not support the allegations and that the deputy should not be disciplined, let alone terminated.  An arbitrator agreed and ordered the deputy reinstated.  His record was cleared and he was paid full back-pay.

In 2009, Morgan Roach represented in an arbitration hearing an Independence, Missouri police officer who had been terminated for alleged excessive force after using his flashlight to strike a suspect several times.  The arbitrator agreed with Morgan’s argument that the force – and the instrument used – were reasonable under the totality of the circumstances.  The arbitrator determined there was not just cause for termination and ordered reinstatement with full back-pay.  On behalf of the officer, Morgan then negotiated a favorable severance agreement which included his voluntary resignation and a substantial sum of money.