City will appeal verdict in favor of Opp

Bryce Alderton

The City of Huntington Beach will appeal an Orange County Superior

Court jury’s verdict that ruled a former city employee’s due process

rights had been violated.

City Council voted unanimously Monday to appeal the verdict issued

Friday in favor of Frank Opp, a former detention officer and reserve

police officer with the city who was terminated in 1994.

Opp sued the city, the chief of police, human resources director, a

police captain and former city administrator, claiming the defendants had

violated his Constitutional First Amendment and Due Process rights when

he was disciplined and fired in 1994. He sued for $350,000 for assessed

damages plus $58,500 in punitive damages.

In the suit Opp claimed that he had not been paid in accordance with

the Federal Fair Labor Standards Act.

The jury rejected Opp’s claims that the city and individual defendants

had unlawfully retaliated against him and violated his First Amendment

rights. But it found his Due Process rights had been violated.