Emmerling v. City of Mountain View CA6
Nicholas W. Emmerling sued the City of Mountain View (City) after the Mountain View Police Department (Department) terminated him from his position as a probationary police officer. Emmerling alleged employment discrimination, retaliation, and related causes of action. He appeals a judgment entered in favor of the City following the trial court’s grant of summary judgment. The primary issue on summary judgment concerned the Department’s motive for terminating Emmerling’s employment. Emmerling, a reservist in the California Army National Guard, contends that he was fired because he requested and took time off for protected military and family leave. The City counters that Emmerling was fired because he failed to engage in an acceptable level of “self-initiated activity” in the form of self-initiated arrests after his supervisors advised him to increase such activities.
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