Don Guzman, seen here in 2018, was awarded $75,000 by a federal jury last week after he filed a lawsuit against the county over his public termination from the role of prosecuting attorney in 2020. The jury agreed that there had been a “lack of procedural due process” during Guzman’s firing but did not award him the full $600,000 he had been seeking, agreeing that he still would have been terminated even with due process. The Maui News / MATTHEW THAYER photo

A federal jury last week awarded former Maui County Prosecutor Donald Guzman $75,000, far less than the approximately $600,000 he had asked for in a lawsuit filed against the county and others over his public termination back in 2020.

Guzman, who was appointed by Mayor Michael Victorino in 2019 and then confirmed by the Maui County Council, was the subject of a workplace violence complaint in 2020. An outside investigator concluded that Guzman had violated county workplace violence rules after an email exchange and angry confrontation over a COVID-related safety plan with a deputy prosecutor. Guzman was then placed on administrative leave without pay Sept. 15, 2020, and Victorino fired him on Oct. 19, 2020.

On Nov. 5, 2020, after testimony by a former deputy prosecuting attorney making the allegations as well as others, council members voted unanimously on Dec. 4, 2020, to remove Guzman from the job. Guzman opted to have the hearing in open session.

In April 2021, Guzman filed suit against Victorino, the council and the county. He claimed his right to privacy was violated, that he had been discriminated against due to a disability related to his diabetic issues and that he was not provided procedural due process prior to termination.

Prior to the suit going to trial, a federal judge dismissed two of Guzman’s complaints — that his right to privacy was violated and that he had been discriminated against due to a disability.

The procedural due process claim went to trial after the council rejected offers for a settlement.

On Dec. 7, the federal jury on Oahu found that because of a “lack of procedural due process,” Guzman suffered “mental or emotional distress,” and awarded him $75,000, according to the special verdict form.

The jury also found that even if procedural due process was followed, Guzman would have still been terminated.

In an email last week, one of Guzman’s attorney, Roman Amaguin of Oahu, called the awarding of the $75,000 “a positive result” after the jury found his client’s “constitutional right to due process” had been violated.

“As a result of proving that his constitutional right to due process had been violated, Mr. Guzman and counsel are entities to payment of reasonable attorneys’ fees from Defendants, which is also a positive result,” Amaguin wrote.

But because the jury found the defendants would have terminated Guzman with or without due process, Guzman was not awarded his remaining lost pay and benefits, Amaguin said.

In a statement last week, Victorino said Guzman had asked for $400,000 in back pay and future earnings plus $200,000 for emotional distress.

Victorino said that the council unanimously voted to support his decision to terminate Guzman and that “his removal was done in accordance with the process required by the Maui County Charter and state law.”

“I wish Mr. Guzman and his family all the best in the future,” Victorino said.

Council Chairwoman Alice Lee could not be immediately reached for comment on Tuesday.

In the suit, Guzman said that he suffered from diabetic neuropathy and other negative impacts, such as diabetic rage and the stress of the COVID-19 pandemic, which led to an angry confrontation with a deputy prosecutor.

Guzman said he told the county administration about his condition during a meeting on Oct. 16, 2020 — a month after he was placed on administrative leave without pay — but was unable to further explain his condition to Victorino and others days before he was fired.

Guzman said he did opt to have his employment hearing in open session with council members, but that committee members “solicited and accepted” what he felt was “false and inaccurate testimony from numerous people who provided testimony based on rumors and hearsay.”

Guzman said there was “no way” that he “could have effectively rebutted irrelevant and unsupporting testimony he did not reasonably anticipate would be put forth, much of which was hearsay.”

U.S. District Court Judge Derrick K. Watson presided over the trial, which began with jury selection on Nov. 28.

Guzman was also represented by attorney Megan Kau.

County attorneys were Corporation Counsel Moana Lutey and Deputy Corporation Counsels Richelle Kawasaki and Bradley Sova.

* Melissa Tanji can be reached at mtanji@mauinews.com.