Diaz

Diaz v. United States Postal Service

Good Law
658 F. Supp. 484·1 Am. Disabilities Cas. (BNA) 1040·44 Empl. Prac. Dec. (CCH) 37,515·44 Fair Empl. Prac. Cas. (BNA) 743·1987 U.S. Dist. LEXIS 4689
United States District Court, Eastern District of CaliforniaMarch 23, 1987Civ. CV-F-84-407-MDCCalifornia4,340 words

Opinion

Opinion

Crocker, J.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

The above matter was tried before Senior U.S. District Judge M.D. Crocker on January 27 and 28, 1987. At the conclusion of the trial, Judge Crocker issued a bench decision dismissing plaintiff’s complaint, and setting forth his grounds for the dismissal.

Pursuant to the Court’s request at the end of the trial, defendants submit the following findings of fact and conclusions of law:

Findings of Fact:

1. Plaintiff was discharged by defendant U.S. Postal Service, herein called the Postal Service, on July 5, 1983. Plaintiff had been employed as a city letter carrier at the Town Center Station of the Visalia, California Post Office from 1970 until the date of his discharge.

2. Plaintiff was issued a notice of proposed removal, dated June 1, 1983, by his immediate supervisor, Marjorie J. Krend. The notice set forth two charges, falsification of a medical certification, and unsatisfactory attendance.

3. The first charge in the notice alleged that plaintiff was on restricted sick leave, and accordingly, was required to submit a medical certificate from a physician to justify claims for sick leave. It alleged further that on May 24, 1983…

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