Date: 08-30-2017

Case Style:

Case Number:

Judge: Nancy Baskin

Court: Fourth Judicial District Court, Ada County, Idaho

Plaintiff's Attorney: Erika Birch

Defendant's Attorney: Andrew Brassey

Description: Boise, ID - Jury Awards Idaho Accident Investigator $1.5 Million

Brandon Eller sued the Idaho State Police on a Whistleblower Act violation and retaliation theory claiming that he was retaliated against by his employer for raising concerns about the investigation of a fatal accident involving an Idaho Sheriff's deputy. He claimed that the ISP managers took actions against him for claiming that they meddled in the investigation into an accident in which another motorist was killed. Plaintiff thought that they Payette County Sheriff's deputy was at fault. Others thought otherwise. The deputies vehicle was traveling more than 110 when he hit Barry Johnson's vehicle killing him on October 18, 2011. Eller testified that Deputy Sloan was driving in a reckless and dangerous manner and his conduct was the cause of the accident. Johnson was turning into his driveway when his Jeep was hit by the patrol car that was doing 88 mph at the time of the impact.

Eller relied on the Idaho Protection of Public Employees Act in asserting his claim. He claimed that the ISP took various actions against in retaliation for not supporting Sloan.

The Idaho State Police denied that it retaliate against Eller.

Outcome: Plaintiff's verdict for $1.5 million plus $30,000 in lost income.

Plaintiff's Experts:

Defendant's Experts:

Comments: Editor's Comment: I cannot tell you how many times I have been passed on Interstate I-44 between Tulsa and Oklahoma by police cars traveling will in excess of the posted speed limit.