Scott

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT’S MOTION FOR SUMMARY JUDGMENT AND GRANTING IN PART AND DENYING IN PART PLAINTIFF’S MOTION FOR PARTIAL SUMMARY JUDGMENT

Defendant has filed a motion for summary judgment. Plaintiff has filed a cross-motion for partial summary judgment. For the reasons discussed below, Defendant’s motion for summary judgment is GRANTED IN PART and DENIED IN PART and Plaintiffs cross-motion for partial summary judgment is GRANTED IN PART and DENIED IN PART.

I. FACTUAL BACKGROUND

A. General Employment History

In 1991, Plaintiff James Scott (“Plaintiff’) was hired by the Federal Protective Service (“FPS”) as a uniformed federal protective officer in Los Angeles, California. (Scott Decl. of 9/15/09, ¶ 3.) In 1992, Plaintiff was promoted to the position of Special Agent/Criminal Investigator. (Id. at ¶ 4.) In 1993, Plaintiff transferred to San Diego to open a criminal investigative office for FPS. (Id. at ¶ 5.) In or about 2003, Plaintiff was again promoted and was detailed to the FBI’s Joint Terrorism Task Force. (Id. at ¶ 7.)

B. Plaintiff’s Health Issues

In November 1998, Plaintiff was diagnosed with having an adjustment disorder with mixed…