ROANOKE TIMES 
                      Copyright (c) 1996, Roanoke Times

DATE: Tuesday, December 10, 1996             TAG: 9612100087
SECTION: VIRGINIA                 PAGE: C-5  EDITION: METRO 
DATELINE: WASHINGTON
SOURCE: Associated Press

HISPANIC POLICEWOMAN DENIED AWARD IN BIAS CASE APPEALS COURT WITHDREW FIRST JUDGE'S AWARD

The court, without comment, rejected an appeal by Janice Hetzel, whose lawyers said she is the only Hispanic woman working as an officer in the Prince William County, Va., Police Department.

Hetzel's lawsuit contended that the discrimination against her was based on her cooperating with a departmental investigation of alleged racism.

She joined the department in 1986. Her lawsuit contended, among other things, that officers with less seniority and lower promotion test scores were promoted ahead of her.

The lawsuit sought $9.3 million in damages from the Police Department and Chief Charlie Deane. It also alleged that Deane retaliated against Hetzel after she complained about being discriminated against in her attempts to be promoted to sergeant.

After an eight-day trial, a federal jury rejected all of Hetzel's claims of discrimination but concluded that Deane illegally had retaliated against her.

The jury said Hetzel should collect $750,000 in damages for emotional distress and $176,000 in attorney fees. The trial judge reduced the damages award to $500,000 and upheld the fees award.

But the 4th U.S. Circuit Court of Appeals last July threw out both awards.

The appeals court called the $500,000 award ``grossly excessive'' and ``outrageous,'' and sent the case back to the trial judge for a far more modest award.

Noting that Hetzel had failed to prevail on her discrimination claims, the appeals court also said she ``is entitled to only a fraction of her attorney's fees.''

In the appeal acted on Monday, lawyers for Hetzel said the appeals court wrongly substituted the trial judge's judgment with its own.

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