Rattray v. City Of National City

36 F.3d 1480 66 Fair Empl.Prac.Cas. (BNA) 186 Samuel W. RATTRAY, Jr., Plaintiff-Appellant, v. CITY OF NATIONAL CITY; City of National City Police Department; Terry Hart, individually, and as Chief of Police; Thomas W. Fowler, individually, and as Captain of the Police Department, San Diego, Defendants-Appellees. No. 92-55791. United States Court of Appeals, Ninth Circuit. Argued and Submitted Dec. 9, 1993. Decided Oct. 7, 1994. Marie A. Backes and Peter G. Friesen, Backes & Friesen, San Diego, CA, for plaintiff-appellant. Richard R. Terzian, Margaret L. Oldendorf, Adams, Duque & Hazeltine, Los Angeles, CA, for defendants-appellees. Appeal from the United States District Court for the Southern District of California. Before: HUG, SCHROEDER and BOOCHEVER, Circuit Judges. Opinion by Judge SCHROEDER; Dissent by Judge HUG. SCHROEDER, Circuit Judge: 1 Samuel Rattray, Jr., a former National City police officer, sued the city after his employment was terminated. He raised claims of invasion of privacy under California Penal Code Sec. 632, intentional discrimination under Sec. 1983 and Title VII, and defamation. The district court granted a directed verdict in favor of the…