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
IRVINE, Calif. May 20, 2007 - Jackson | DeMarco | Tidus | Peckenpaugh ("JDTPP") announced that on May 18, 2007, in the case of SDPOA. v. Aguirre, City of San Diego, et al., the U.S. District Court for the Southern District of California held a hearing on the twelve motions for summary judgment filed by the parties in the case. The Court announced its ruling on the motions, which addressed just some of the seventeen claims made by the San Diego Police Officers Association against the City and various individual defendants. Judge Marilyn L. Huff's ruling dismissed some of the SDPOA's claims in their entirety, dismissed other claims as to certain defendants and left other claims whole. Contrary to the City Attorney's recent comments in the press, the claims at the heart of the case, the pension underfunding, remain. Judge Huff has requested additional briefings and replies on certain claims over the next three weeks and has scheduled further hearings for June 25, 2007.
IRVINE, Calif. May 20, 2007 - Jackson | DeMarco | Tidus | Peckenpaugh ("JDTPP") announced that on May 18, 2007, in the case of SDPOA. v. Aguirre, City of San Diego, et al., the U.S. District Court for the Southern District of California held a hearing on the twelve motions for summary judgment filed by the parties in the case. The Court announced its ruling on the motions, which addressed just some of the seventeen claims made by the San Diego Police Officers Association against the City and various individual defendants. Judge Marilyn L. Huff's ruling dismissed some of the SDPOA's claims in their entirety, dismissed other claims as to certain defendants and left other claims whole. Contrary to the City Attorney's recent comments in the press, the claims at the heart of the case, the pension underfunding, remain. Judge Huff has requested additional briefings and replies on certain claims over the next three weeks and has scheduled further hearings for June 25, 2007.
The primary issues of concern to the SDPOA that were addressed in the Court's ruling were the complex statute of limitations issues. The Court's ruling denied the majority of the claims made by the defense that the case was barred by the statute of limitations. Additionally, Judge Huff determined that, as to the SDPOA's claim against Mr. Aguirre for conspiracy to retaliate against the POA during the 2005 labor negotiations, Mr. Aguirre's participation and actions at a meeting with the POA and leaders of other unions didn't rise to the level of actionable misconduct in the face of Mr. Aguirre's First Amendment Rights.
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