Practice Groups

Case Summary

Jackson DeMarco Tidus Peckenpaugh represents approximately 1,300 current and former San Diego Police Officers in the Fair Labor Standards Act (“FLSA”) overtime case Abbe, et al. v. City of San Diego ("Abbe") U.S. District Court Case No. 3:05-cv-01629 DMS(RBB) 2005.

The Abbe lawsuit asserts that the San Diego Police Department required the Officers to work before and after their regular shifts and through “Code 7’s” meal periods for the benefit of the City of San Diego without compensation in violation of the Fair Labor Standards Act (“FLSA”). The required activities include performing pre- and post- shift responsibilities; preparing for court appearances; completing arrest and investigation reports; donning and doffing of protective gear; and performing various other required tasks. The claims seek reimbursement retroactive to four years prior to the date of filing of the lawsuit (August 16, 2005).

The firm recently filed 504 motions for summary judgment and the court has scheduled a hearing on these motions. A decision by the court would typically follow shortly thereafter.

The Abbe case is one of three cases that JDTP is litigating on behalf of San Diego Police Officers and the San Diego Police Officers Association. Aaron, et al. v. Michael Aguirre, City of San Diego, et al. and SDPOA v. Michael Aguirre, City of San Diego, et al. address the City’s underfunding of the San Diego City Employee Retirement System, the mishandling by the City of the police officers’ pension contributions and other issues, including claims of breach of fiduciary duty, conversion, fraud, breach of contract, retaliation and conspiracy to commit civil rights violations.

Related cases

Aaron, et al. v. Aguirre, City of San Diego, et al. Case # 06-cv-1451 H(POR) 2006
SDPOA. v. Aguirre, City of San Diego, et al. Case # 3:05-cv-01581 H(POR) 2005

Court Documents

Fifth Amended Complaint and Demand for a Jury Trial; June 8, 2007

Press Releases

	06/13/07	Related Case - Police Officers' Lawsuit Against the City of San Diego for Breach of Contract, Fiduciary Duty and Trust in Underfunding Its Pension Moves Closer to Trial
	05/25/07	US District Court Forces City of San Diego to Produce Key Documents in Police Overtime Lawsuit and Allows Plaintiffs to Select Best Representative Sample to Proceed on Summary Judgment
	05/20/07	Related Case - Federal Judge Rules That the Central Claims in Police Officers' Lawsuit Against the City of San Diego Remain and Sets Further Hearings on the Case.
	03/30/07	The City of San Diego Requests Further Delay in Police Officers's FLSA lawsuit to Prepare to Respond to Plaintiffs' Motion to Dismiss.
	03/22/07	504 Motions for Summary Judgment Filed in Police Overtime Case against the City of San Diego.
	03/19/07	Related Case - Police Officers' Lawsuit Against the City of San Diego, City Attorney and Other City Officials Survives Defendants' latest Motion to Dismiss.