Politics & Government
Judge Dismisses Lawsuit Filed Against Mountain View by Former Officer
An ex-Mountain View cop who sued the city alleging he was unfairly terminated had his lawsuit dismissed by a Santa Clara County Court judge.
SANTA CLARA COUNTY, CA -- A former Mountain View Police officer who sued the city alleging that he was illegally fired due in part to his status in the military a member of the National Guard has had his lawsuit thrown out by a Santa Clara County Court judge.
Ex-officer Nicholas Emmerling had alleged, among other things, that the city made it difficult for him to fulfill his National Guard duties by scheduling him to work weekends, and that the city had an illegal quota for handing out tickets.
But Feb. 7, Santa Clara County Superior Court Judge Maureen Folan ruled in favor of the City of Mountain View regarding the entire action.
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Emmerling, 36, joined the Mountain View Police Department as a reserve officer in 2008 and in 2012 was promoted to being as a full time officer. But prior to the end of his probationary period, the city terminated his employment. Emmerling then sued the city, alleging he was discriminated against based on his military status and use of leave, both military and personal.
Emmerling's attorney, Kevin Clune had also alleged Mountain View Police evaluated officers based on how many arrests or citations they make, essentially amounting to a quota system.
Find out what's happening in Mountain Viewfor free with the latest updates from Patch.
The city disputed all the claims, and the city’s attorneys filed a motion requesting a judgment on the merits of the case before trial.
The court agreed with the city there was no merit to Emmerling's lawsuit, and found he submitted no evidence of any wrongdoing by the city, and therefore was not entitled to a trial, Mountain View City Attorney Jannie Quinn explained in a statement provided to Patch Media.
The city has not publicly stated why Emmerling was terminated from the MVPD, but in a statement, Chief Max Bosel denied the allegations against the Department.
"Our officers work hard every day to serve and protect our community," Bosel said. "I want to be clear: the City does not have quotas."
Neither Emmerling nor his attorney has commented on the judge's ruling as of yet. If and when they do, this story will be updated.
Image via Shutterstock
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