Mitchel
Mitchel v. City of Santa Rosa
Opinion
Opinion
Illston, J.
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT’S MOTION TO DISMISS AND DENYING DEFENDANT’S MOTION FOR SANCTIONS
Defendant’s motion to dismiss and motion for sanctions came on for hearing on January 29, 2010. Having considered the arguments of the parties and the papers submitted, and for good cause shown, the Court hereby rules as follows.
BACKGROUND
The subject of this litigation is a dispute concerning plaintiff James Mitchel’s employment as a Police Captain with the Santa Rosa Police Department (“SRPD”). Plaintiffs allegations are as follows. Beginning in 2007, various subordinate officers in the SRPD filed a series of internal discrimination complaints against plaintiff and SRPD’s police chief, Edwin Flint. Complaint ¶¶ 11-14. According to plaintiff, the first complaint, filed in January-2007 by Officer Erin Holroyd, was an informal complaint about gender disparity. Id. ¶ 11. These complaints included allegations of gender disparity in the SRPD as well as claims of hostile work environment, discrimination, and retaliation as a result of airing the gender disparity concerns. Id.
On February 7, 2008, plaintiff was told that the City of Santa Rosa had commenced an…