Today, a jury returned a verdict of $250,000.00 in the U.S. District Court of D.C. against the Department of Homeland Security (“DHS”) for retaliating against a former Secret Service employee. The case, Mogenhan v. Napolitano, had been in litigation for the past nineteen (19) years and the jury’s verdict has the potential to include attorney’s fees, costs and prejudgment interest, which could exceed well over one million dollars.
The Plaintiff, Ann Marie Mogenhan, worked at the Secret Service nearly two decades ago. Believing that she had been subjected to gender and disability discrimination, she filed a complaint against her supervisor with the Departmental Equal Employment Opportunity (“EEO”) in January of 1992. From February 1992 until October 1992, her supervisor retaliated against her for filing the EEO complaint by overloading her with work. Ms. Mogenhan, who suffers from a heat-triggered migraine condition, complained that the added stress from her supervisor made her extremely ill at work and was disastrous to her mental and physical health.
Initially, the case resembled something like David vs. Goliath. Sitting next to Ms. Mogenhan was her attorney Morris E. Fischer, Esq., a veteran Maryland and D.C. employment rights lawyer and Daniel E. Kenney, a recent law school graduate. DHS was represented by two Assistant U.S. Attorneys from the Justice Department and an Attorney from the Department of Homeland Security. Additionally, at closing arguments, which were held on Tuesday, April 14, the government had at least 10 attorneys in attendance.
The trial, which lasted 3 days, included testimony from various Secret Service agents and personnel. Plaintiff’s key witness was a decorated army veteran and a distinguished former Secret Service agent. The witness flew into D.C. from his home to testify on Ms. Mogenhan’s behalf that her supervisor had overloaded her with work.
After two days of deliberation the jury returned a verdict in favor of the Plaintiff. To compensate Ms. Mogenhan for her pain and suffering the jury awarded her $250,000.00 in damages. Additionally, under Title VII of the Civil Rights Act, Ms. Mogenhan is entitled to receive attorney’s fees and costs for the 19 years that she has litigated this case against the Secret Service. As stated above, that figure has the potential to exceed well over $1,000,000.00.
Throughout numerous hearings and appeals, Mogenhan’s vigilance and her counsel’s expertise prevailed despite government opposition and the subsequent verdict is not only a personal victory for the Plaintiff, but a legal victory for all federal employees faced with retaliation. We are pleased with the jury’s verdict and remain confident that it will withstand any appeal by the DHS.
morrisfischerblog.wordpress.com 