Wallace v. City of San Diego, 460 F.3d 1181 (9th Cir. 2006)

James D. Wallace was employed as a police officer and detective by the City of San Diego for more than 25 years. In 1982, Wallace began serving as an officer in the Naval Reserve. After several tours of duty, including tours in Iraq (during Operation Desert Storm) and Bosnia, Wallace resigned from the SDPD, alleging that his resignation constituted a constructive discharge in violation of the Uniformed Services Employment and Reemployment Rights Act (USERRA). During the trial, Wallace offered evidence of a pattern of discrimination and retaliation by the SDPD based upon his military status beginning in early 1991 and continuing through 2000. The jury rendered a verdict in Wallace’s favor in the amount of $256,800, which the Ninth Circuit upheld despite the trial court’s grant of judgment as a matter of law/new trial motion in favor of the City. The Ninth Circuit further upheld the jury’s finding that the City’s violations of USERRA were not willful.