Gail Fry | Contributor
According to court documents obtained by The San Bernardino American News, on July 15, a federal jury handed down a judgment of $2,503,093 against the San Bernardino County Department of Children and Family Services finding that its former employee, Plaintiff Eric Bahra, reported a systemic failure that resulted in children repeatedly placed in the home of a known abuser, that it was reasonable to believe laws were violated, that his disclosure contributed to his termination, that the Department of Children and Family Services failed to prove his termination was legitimate and he was harmed.
Plaintiff Eric Bahra, a former social worker at San Bernardino County Department of Children and Family Services (DCFS), filed his complaint under the California Whistleblower Protection Act after he was systematically discredited, placed on leave and terminated after he warned the San Bernardino County Sheriff’s Department as well as Children and Family Services, of a “systemic failure” that resulted in 59 foster children being placed in the home of a known abuser.
In August of 2016, Attorneys, Valerie Ross, Charles A. Bonner, and A. Cabral Bonner joined in filing a complaint on behalf of Eric Bahra in the United States District Court (USDC) claiming Defendants, the County of San Bernardino, San Bernardino County Department of Children and Family Services, and its employees Kristine Burgamy and Nickola Hackett, violated Bahra’s first amendment rights, retaliated, terminated him wrongfully, violated his privacy, and defamed him.
Bahra, a former DCFS social worker, alleges in June of 2013, he was assigned to a joint investigation by DCFS and the San Bernardino County Sheriff’s Department (SBCSD) in response to a complaint alleging foster parent, Leonardo Rodriguez had sexually abused several foster children.
Bahra alleges SBCSD Detective Michelle Brand requested he investigate to determine how many foster children were involved, and in doing so discovered inaccurate data in the DCFS welfare system’s computer database that resulted in children being repeatedly placed into the home of a known abuser. In an interview with The San Bernardino American News Bahra’s attorney Charles Bonner alleged this led to a total of 59 foster children being placed by DCFS into the home of Leonardo Rodriguez, despite the fact that his license had been revoked.
Bahra alleges in his complaint that he provided a list of the potentially abused children to SBCSD Detective Michelle Brand and as a result was accused by DCFS of breaching confidentiality. According to his attorney Charles Bonner by law DCFS is to report abuse to law enforcement, however, in this case, DCFS demanded SBCSD return the list claiming it was obtained improperly.
When Bahra informed his immediate supervisors, Burgamy and Hackett, of his findings and that SBCSD had not been advised. Burgamy and Hackett visibly relieved then ordered Bahra to halt his investigation, hand over his investigative documents and destroy his digital documents. Bahra alleges when he came in the next day, he found Burgamy and Hackett going through his desk.
On July 11, 2013, Bahra says he was assigned to a complaint reporting a dead, nine-month-old infant in the custody of his parents and arrived at the home accompanied by DCFS Social Worker, Melissa Pena.
After examining the other children in the home doctors confirmed what appeared to be ligature marks, lacerations, bruises, and burn marks. Bahra sought immediate removal of the surviving four siblings, all toddlers, from their parents. DCFS Social Worker Mary Anne Whitehall supported Bahra’s conclusion and recommendation.
Bahra alleged DCFS subsequently removed Whitehall from the investigation and directed her not to discuss the matter. Burgamy and County Counsel Beth Steigerwalt testified to the Dependency Court that Bahra lied in his investigation report, the case should be sealed and the case retried. DCFS recommended the court return to their parents. Whitehall resigned after DCFS placed her on administrative leave.
Bahra, Pena and Whitehall filed a document with the Dependency Court in support of the Bahra’s allegations of child abuse by the parents and arguing that DCFS’ claims that Bahra lied were false. Bahra alleges the Defendants then filed 12 misconduct charges against him, he was placed on paid administrative leave, and then terminated on August 18, 2015.
The Defendants filed several challenges to Bahra’s complaint, the first was a motion to dismiss on the pleadings, challenging whether Bahra had sufficiently argued his causes of action for violation of his first amendment rights, retaliation, wrongful termination, violation of privacy and defamation.
In a Jan 26, 2018 Order, USDC Judge Jesus Bernal found in favor of most of the Defendant’s legal arguments and provided the Plaintiff an opportunity to amend his complaint.
In an attempt to have the case dismissed, on April 10, 2018, defendants, the County of San Bernardino, San Bernardino County Department of Children and Family Services, and its employees Kristine Burgamy and Nickola Hackett filed a Motion for Summary Judgment (MSJ).
An MSJ seeks to have the Court dismiss the case on the grounds of facts and evidence that are not in dispute and/or cannot be disputed. In their MSJ, the Defendants claimed that Plaintiff’s claims as to retaliation were fully heard and considered in an administrative hearing before an administrative law judge who issued a ruling on the termination of his employment.
The Plaintiff argued he did not have a full and fair opportunity to fully argue his claims at the administrative hearing that the hearing officer refused to hear arguments that DCFS altered photographic evidence, thereby, it was a full and fair trial. Plaintiff argued his claims of retaliation were still viable and should be considered by the court.
On May 17, 2018, Judge Bernal granted Defendants’ MSJ concluding Bahra did have a sufficient opportunity to argue his claims for whistleblower retaliation at his administrative hearing, citing 14 days of hearings, 27 witnesses, and 2,405 pages of testimony and Bahra did not seek review of the Order of Dismissal.
As to the altered photographs, Judge Bernal confirmed the hearing officer’s conclusion that the photograph did not exist based on the “exhaustive forensic search of the computer and cell phones.” Bahra filed his appeal to the Ninth Circuit Court of Appeals.
On December 30, 2019, the Ninth Circuit Court of Appeals ruled in favor of the Plaintiff as to his claims for whistleblower retaliation while ruling against the Plaintiff as to his claims of retaliation for exercising his right to free speech under the First Amendment.
On March 6, 2020, the Defendants asked the court to reconsider its Motion for Summary Judgement as to Bahra’s claims for retaliation against a whistleblower. On April 22, 2020, Judge Bernal denied motion.
The trial began on July 6, 2021, with the jury examining whether Bahra reported a systemic failure that resulted in children living in the home of a known abuser, whether it was reasonable for Bahra to believe laws were violated, whether Bahra’s disclosure contributed to his termination, and conversely whether the Defendants proved that Bahra’s termination was legitimate and he was harmed by their conduct.
On July 15, the jury issued its verdict in favor of Bahra awarding him $503,093 for his economic losses and $2 million for his noneconomic losses including mental and emotional pain and suffering totaling a judgment of $2,503,093. The Defendants have 60 days to appeal.
In an interview with The San Bernardino American News, Attorney Charles Bonner recalled watching one of the interviews of a young female victim who had been sexually molested by foster parent Leonardo Rodriguez. Through her tears, the little girl described how Rodriguez molested her and took photos of her and how she saw Rodriguez taking photos of other children and of seeing the pictures of other children depicting their molestation. Bahra and SBCSD Detective Michelle Brand were present for the interview and Brand requested a list of potential victims.
Charles Bonner detailed that subsequent to Bahra identifying the foster children placed in Leonardo Rodriguez’s home from the DCFS files and prepared an investigation report, Bahra’s name was scrubbed from the DCFS investigation file and instead DCFS social worker Melissa Pena was shown as the investigator. Pena testified otherwise.
Charles Bonner described the repeated placement of foster children into the home of a known child molester as a systemic failure of the department, that DCFS employees failed in their duty to monitor these children or to pay attention to detail resulting in Leonardo Rodriguez’s name being misspelled and other inaccurate data in the DCFS system.
Charles Bonner accused San Bernardino County of committing outright fraud upon the court, revealing there had been 11 anonymous reports of molestation made to the department, 7 substantiated. Charles Bonner alleged the County went into protective mode and attacked Bahra, instead of finding and assisting the child victims, and prosecuting the criminal, Leonardo Rodriguez, a serial molester.
Charles Bonner explained that no one was arrested or prosecuted in the dead-baby case because these managers at DCFS again covered everything up, they engaged in this cover up to save their own careers and to keep the world from knowing that for 15 years DCFS placed innocent foster children in an abusive home.
Rodriguez remains free to molest other children, Charles Bonner objected, he was never arrested or prosecuted while his victims are living alone with the shame and pain of having been molested, Charles Bonner encouraged those victims to make themselves known to the authorities and seek legal advice on their rights and potential claims they may have against the county.
In an interview with The San Bernardino American News, Attorney Jack Anthony, who represented five foster children placed in Rodriguez’s home, said he was able to obtain a good settlement for the children from the County of San Bernardino. Anthony described Bahra’s allegations as accurate, and that the allegations established the county had notice of Rodriguez’ abuse.
Former San Bernardino County DCFS Social Worker Mary Ann Whitehall resigned from DCFS after being placed on administrative leave also has a pending lawsuit against the County containing causes of action for whistleblower liability and retaliation. Whitehall alleges that she disclosed to the Dependency Court that DCFS, in an apparent effort to discredit another social worker, and in utter disregard for the safety and well-being of the dead baby’s surviving siblings, intentionally committed a fraud upon the Court, and six days later DCFS placed her on administrative leave.
The trial for the Whitehall case has been scheduled for October 25, in front of Judge Brian Foster at the San Bernardino Justice Center.
