Jose Nazario, Jr. v. City of Riverside

MEMORANDUM

Appellant Jose Luis Nazario appeals the district court’s decision granting the Defendant, City of Riverside, summary judgment in this action under the Uniformed Services Employment and Reemployment Rights Act (USERRA), 38 U.S.C. § 4301 et seq. In 2007, Nazario, a veteran, was employed by the Riverside Police Department (RPD) as a probationary police officer. When RPD was notified by the U.S. Attorney’s office that they intended to arrest, charge, and prosecute Nazario on felony charges related to alleged misconduct during his military service, RPD discharged him. After Nazario was acquitted of all charges, Nazario reapplied to RPD, but his application was denied.

Nazario argues that RPD’s decisions to terminate, and subsequently refuse to rehire, him were improperly motivated by alleged misconduct during his military service, which he claims is included within the “performance of service” protected by USERRA. See 38 U.S.C. § 4311 (a) (“A person who ... has performed ... in a uniformed service shall not be denied initial employment [or] reemployment ... by an employer on the basis of that ... performance of service----”). The district court held that his alleged…