The city of Omaha will appeal the jury verdict and other orders in a lawsuit that resulted in a police captain being awarded nearly $1 million for claims of retaliation.Â
Kathy Belcastro-Gonzalez sued the city and Chief Todd Schmaderer in 2019 after she was passed up for a promotion despite placing No. 1 in the city's third-party testing process. A for previously filing complaints of gender discrimination within the police department.Â
The city filed a motion for a new trial in October, alleging juror misconduct among other issues. . On Wednesday, the city and Schmaderer filed notice that they intend to take the case to the U.S. Court of Appeals.Â
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In total, the city is appealing seven orders and judgments, as well as the jury verdict. These include the judgments awarding Belcastro-Gonzalez the nearly $1 million and the city's motions for summary judgment and to dismiss the case.Â
Belcastro-Gonzalez's claims of retaliation stem from a 2010 complaint that she made against then-Capt. Kerry Neuman, alleging that he created a hostile work environment for female officers. Another female lieutenant filed a similar but unrelated complaint around the same time.Â
Seven years later, the two women were informed by the officer who was in charge of internal affairs that the investigation had not been conducted properly. That's when Belcastro-Gonzalez filed a gender discrimination complaint with the Mayor's Office in 2017.
In 2018, two spots for deputy chief became available. Belcastro-Gonzalez applied and tested No. 1 on the city's outside promotional test service, but she was not selected for the position. Instead, Schmaderer chose No. 2 and No. 5 on the list to be promoted.
Belcastro-Gonzalez sued the city and Schmaderer, alleging the decision not to promote her was retaliatory and related to the discrimination complaints she made. At trial, Schmaderer denied any connection.
A jury sided with Belcastro-Gonzalez, finding that her complaint played a role in Schmaderer's choice not to promote her. The jury awarded her $680,000 in lost wages and benefits plus $20,000 in other damages after hearing evidence . The city was also ordered to pay $285,000 in attorney and witness fees, bringing the total payout to nearly $1 million.Â
Both parties will submit legal briefs on the matter in coming months.Â