The California Court of Appeal this month reversed a jury’s verdict awarding $1.6 million to a former Long Beach police officer, finding insufficient evidence to show the officer was disciplined for whistle-blowing.

Long Beach Sgt. Timothy O’Hara, a former member of the Port Police Unit, sued the city in 2013 claiming he was wrongfully demoted after blowing the whistle on security guards in the Harbor Patrol Dive Team who were impersonating police officers and claiming overtime for work not performed.

O’Hara later participated in a city audit that found the dive team, which is run by the Port of Long Beach, had largely unjustified overtime since 2007.

A jury in 2017 sided with O’Hara and awarded the former Navy SEAL $1.6 million in damages.

But in a March 1 ruling, the Court of Appeal reversed that decision, saying there was insufficient evidence to support the jury’s verdict that the city “retaliated against O’Hara for disclosing alleged violations of law by employees of another City department.”

The city had contended that O’Hara was punished not for whistle-blowing but for wearing an inappropriate T-shirt to a sexual harassment training seminar in 2011. The shirt read: “Wyoming Tactical Supply, Cody USA, Not to be confused with Wyoming Testicle Supply. They’re nuts!”

O’Hara was suspended for 20 hours and transferred from the Port Security Unit to patrol.

In the trial, then-police Chief Jim McDonnell testified that he was not aware of O’Hara’s complaints about the dive team when he made the decision to discipline him for the inappropriate attire.

“The police chief’s motives in disciplining O’Hara were as a direct result of O’Hara’s inappropriate behavior, not from O’Hara’s participation in the audit,” City Attorney Charles Parkin said in a statement.

The ruling means O’Hara will now have to pay the city’s costs in the lawsuit, officials said.

City News Service contributed to this report