Fritsch

OPINION AND ORDER

I.

Introduction

Plaintiff Ruth Fritsch was employed as an Assistant City Attorney for the City of Chula Vista from 1988 until August of 1997, when she was terminated for refusing to submit to a psychiatric evaluation ordered by Defendant Kaheny, the City Attorney of Chula Vista. At the time of the Plaintiffs termination, Defendant Moore was Senior Assistant City Attorney and Defendant Emerson was the Director of Human Resources for the City.

At his deposition, Defendant Kaheny agreed that the Plaintiff had been an excellent employee, and had conducted herself in the highest professional manner, consistent with the highest professional standards, from 1988 until June 10, 1997. On that date, the Plaintiff was involved in a verbal altercation with another attorney in a courtroom, before court was in session. Plaintiffs Letter Brief dated March 5,1999, at p. I. 1

According to the Plaintiff, the sole basis for Defendants demanding that she submit to a psychiatric examination was her conduct on June 10 and shortly thereafter. The Plaintiff alleges that Defendants Kaheny and Emerson “irrationally perceived [her] as having-diabetes and a psychological disability,”…