Judge dismisses ex-cop's lawsuit against city

Ruling: Wrongful termination claim didn't provide enough evidence to prove bias

A Santa Clara County Superior Court judge this week shot down a former police officer's suit alleging the Mountain View Police Department discriminated against him due to his military service.

In her ruling, Judge Maureen Folan found that Nicolas Emmerling, who was fired in 2014, did not provide enough evidence to show that he was treated unfairly by police officials.

The case, originally filed two years ago, led to several officers and commanding supervisors testifying in court about the department's internal policies and culture. Emmerling's attorneys argued that the department operated a tacit quota system for arrests and citations.

In a press release distributed by the city of Mountain View on Thursday, Police Chief Max Bosel denied those allegations.

“I want to be clear: the city does not have quotas,” he said. “When (officers) are not responding to calls, they are expected to stay proactive, keeping an eye out for criminal activity and, above all, keeping our community safe.”

Attorneys for the city had recently requested that Folan issue a summary judgment to dismiss the case without a jury trial due to a lack of evidence. Folan agreed with that course of action. Last week, she handed down a tentative ruling, indicating she planned to dismiss all of the allegations being made by Emmerling's legal team. On Tuesday, Feb. 7, she certified that judgment as her final decision.


10 people like this
Posted by Jim
a resident of Blossom Valley
on Feb 10, 2017 at 7:39 am

City always seems to win.

14 people like this
Posted by Mike Kasperzak
a resident of Gemello
on Feb 10, 2017 at 2:39 pm

It could be that the City tends to win because the cases filed against it are without merit to begin with. Too many litigants see the City as a "deep pocket", but any settlements and court costs are all tax dollars.

4 people like this
Posted by Otto Maddox
a resident of Monta Loma
on Feb 11, 2017 at 8:12 am

OK.. so there are quotas.. they are just applied fairly.

Nothing to see here people! Move along!

1 person likes this
Posted by nite walkinghippie
a resident of Old Mountain View
on Feb 12, 2017 at 11:34 am

Calm before da storm. Lol

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