City of Omaha alleges jury issues in calling for retrial of police captain’s lawsuit

OMAHA, Neb. (WOWT) - The City of Omaha and its police chief are asking for a new trial after a jury awarded $700,000 in lost wages to a former precinct captain.

Omaha Police Capt. Kathy Belcastro-Gonzalez sued after she was passed over twice for a promotion. Last month, a jury sided with her.

While OPD Chief Todd Schmaderer said he passed her over based on her bad attitude and work performance, the attorney for Belcastro-Gonzalez said the former officer was simply standing up for women in the workplace.

But the city filed a motion for a new trial this week, making several claims including allegations that at least one juror had inappropriate communication with a former OPD officer during the trial; and that the jury allegedly disregarded the law as instructed and relied on “extraneous evidence” to send a message to the city.

No word yet when the motion will be considered.

After 27 years as a police officer, Belcastro-Gonzalez was in charge of the southeast precinct — and the subject of an internal investigation — at the time she was fired.

In 2017, she filed a complaint with the mayor’s office regarding unlawful discrimination practices regarding the treatment of women by the police department. In 2019, she filed a complaint with the Nebraska Equal Opportunity Commission; she also sued the city and the police chief, alleging she was wrongly passed over for deputy chief after finishing first in testing.

—

Managing Editor Kevin Westhues contributed to this report.

Copyright 2022 WOWT. All rights reserved.