Gonzales v. City of Martinez

Good Law
638 F. Supp. 2d 1147·2009 WL 1883768·22 Am. Disabilities Cas. (BNA) 510·2009 U.S. Dist. LEXIS 55517
United States District Court, Northern District of CaliforniaJune 30, 2009C 08-01754 JSWCalifornia7,870 words

Opinion

Opinion

White, J.

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT

Now before the Court is the motion for summary judgment filed by defendants the City of Martinez (the “City”), David Cutaia, who was Chief of Police until December 31, 2007 (“Cutaia”), Tom Simonetti, who was a Commander for Martinez up until December 31, 2007, after which he became Chief of Police (“Simonetti”), Commander Mark Smith (“Smith”), Detective Sergeant Gary Peterson (“Peterson”), and City Manager Don Blubaugh (“Blubaugh”) (collectively, “Defendants”). Having carefully reviewed the parties’ papers and considered their arguments and the relevant legal authority, and good cause appearing, the Court grants in part and denies in part Defendants’ motion for summary judgment.

BACKGROUND

Plaintiff Robin Gonzales (“Plaintiff’) alleges that she was discriminated based on her disability by Defendants. Plaintiff began working for the City’s Police Department in 1985 as a dispatcher. (Declaration of Robin Gonzales (“Gonzales Decl.”), ¶ 2.) In 1986, Plaintiff transferred into a police assistant position. In that position, her primary duties were to maintain the evidence room for the Police…

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