James D. Wallace v. City of San Diego City of San Diego Police Department

Plaintiff-Appellant James D. Wallace appeals the district court’s order granting the Defendant-Appellee City of San Diego’s (“City”) motion for judgment as a matter of law and conditionally granting a new trial. The district court issued its order after a jury found that the City retaliated against Wallace in violation of the Uniformed Services Employment and Reemployment Rights Act (USERRA), 38 U.S.C. §§ 4301 et seq., and awarded him $256,800 in damages. Wallace also appeals the district court’s finding that the jury verdict “was against the great weight of the evidence.” In addition, Wallace seeks reversal of the jury’s finding that the City’s violations of USERRA were not willful, precluding an assessment of liquidated damages.

We have jurisdiction over this appeal of the final judgment of the district court under 28 U.S.C. § 1291 (a). We reverse the district court’s grant of judgment as a matter of law as well as its conditional grant of a new trial. We hold that the jury’s finding that the City constructively discharged Wallace and took other retaliatory actions against him in violation of USERRA was supported by substantial evidence and was not contrary to the great weight…

dissenting:

James Wallace had a checkered past with the San Diego Police Department (“SDPD”). On numerous occasions, he had been reprimanded, disciplined, and suspended. Wallace was convinced that SDPD had it in for him, or at least that his supervisors, Captain Myers and Lieutenant Guevara, wanted to see him removed from the force. Wallace was further convinced that Myers and Guevara’s disapproval of him was related to his service in the United States Naval Reserves. On May 19, 2000, after being suspended for multiple rules violations, Wallace was warned that he was receiving his last chance and that any future violations would be taken seriously.

In July of 2000, SDPD transferred Wallace to a much more favorable work assignment — the Northern Division — which was the assignment Wallace had been seeking. Wallace’s new work assignment was closer to Wallace’s home and Wallace was no longer under the supervision of Myers or Guevara. In his new work assignment, Wallace reported to two well-liked and well-respected officers with whom Wallace had not experienced any problems. In fact, Wallace testified that he did not have any difficulties in his new assignment and that his working…

460 F.3d 1181 James D. WALLACE, Plaintiff-Appellant, v. CITY OF SAN DIEGO; City of San Diego Police Department, Defendants-Appellees. No. 03-56552. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 4, 2005. Filed August 25, 2006. COPYRIGHT MATERIAL OMITTED COPYRIGHT MATERIAL OMITTED Carolyn Chapman, Coronado, CA, for the appellant. Mark Stiffler, Deputy City Attorney, San Diego, CA, for the appellee. Appeal from the United States District Court for the Southern District of California; Jeffrey T. Miller, District Judge, Presiding. D.C. No. CV-01-00703-JM/RBB. Before JAMES R. BROWNING, RAYMOND C. FISHER, and JAY S. BYBEE, Circuit Judges. BROWNING, Circuit Judge. 1 Plaintiff-Appellant James D. Wallace appeals the district court's order granting the Defendant-Appellee City of San Diego's ("City") motion for judgment as a matter of law and conditionally granting a new trial. The district court issued its order after a jury found that the City retaliated against Wallace in violation of the Uniformed Services Employment and Reemployment Rights Act (USERRA), 38 U.S.C. §§ 4301 et seq., and awarded him $256,800 in damages. Wallace also appeals the district…