Barrett v. Salt Lake County et al

Filing 97

MEMORANDUM DECISION AND ORDER granting 80 Motion for Equitable Relief. The precise nature and amount of the equitable relief will be determined at an evidentiary hearing that will soon be set by the court. Signed by Judge Dale A. Kimball on 4/29/13. (jlw)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH
CENTRAL DIVISION

MICHAEL BARRETT,
Plaintiff,
vs.

MEMORANDUM DECISION AND
ORDER REGARDING PLAINTIFF’S
MOTION FOR EQUITABLE RELIEF

SALT LAKE COUNTY,
Case No. 2:10CV792 DAK
Defendant.

This matter is before the court on Plaintiff’s Motion for Equitable Relief. The court has
carefully reviewed the written memoranda submitted by the parties. Plaintiff seeks reinstatement
to his previous position or, in the alternative, reinstatement to his former paygrade while
remaining in his current position or an award of front pay. In making such an award of front
pay, the following factors are relevant:
work life expectancy, salary and benefits at the time of termination, any potential
increase in salary through regular promotions and cost of living adjustment, the
reasonable availability of other work opportunities, the period within
which the plaintiff may become re-employed with reasonable efforts, and methods to discount any award
Wittington v. Nordam Group Inc., 429 F3.d 986, 1000 (10th Cir. 2005).
Based on the evidence at trial, the court finds that reinstatement to Plaintiff’s previous
position would be impractical. The court, however, will grant equitable relief in the form of
either reinstatement to Plaintiff’s former paygrade or an award of front pay. The parties,
however, shall present evidence as to the factors the court must consider and present legal
argument as to which of the two alternatives is appropriate. The court will soon set a date and

time for an evidentiary hearing on this issue.
CONCLUSION
For the foregoing reasons, IT IS HEREBY ORDERED that Plaintiff’s Motion for
Equitable Relief [Docket No. 80] is GRANTED. The precise nature and amount of the equitable
relief will be determined at an evidentiary hearing that will soon be set by the court.
DATED this 29th day of April, 2013.
BY THE COURT:

DALE A. KIMBALL
United States District Judge

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