Gerry Fleisher, and Cross-Appellee v. City of Signal Hill, Michael McCrary and Richard Diaz, and Cross-Appellants

BACKGROUND

In March 1980, Gerry Fleisher became an Explorer Scout with the Police Department (“the Department”) of the City of Signal Hill (“the City”). The Explorer program, sponsored by the Boy Scouts of America, is designed to prepare youngsters for careers in law enforcement. Signal Hill Explorers normally do sixteen hours of volunteer work for the Department per week.

While Fleisher was an Explorer, he met Margaret Main, a fifteen-year-old girl who was also an Explorer. Subsequently, Fleisher attained the rank of lieutenant, making him the leader of the Explorer group. At about the time of Fleisher’s promotion to lieutenant, he and Main began to socialize, forming a relationship that Fleisher calls a boyfriend/girlfriend relationship and that Main calls a “special friendship.” Main and Fleisher agree that in July 1980, when Fleisher was nineteen and Main was fifteen, they had sexual intercourse twice. According to Main, they also had sexual intercourse once in 1982. Fleisher denies that a third encounter occurred.

In late July 1980, Fleisher was hired as a temporary police cadet, a paid position with the Department. He held this position for one month. Thereafter he served…