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Case Name Zimmon v. City of San Bernardino
Date 09/16/2011
Note The former police chief for the City of San Bernardino is entitled to a disability pension after showing that he would have likely received a disability retirement had he not been terminated, the 4th District Court of Appeal determined.
Citation E050314
WCC Citation WCC 38032011 CA
ZIMMON v. CITY OF SAN BERNARDINO GARRETT ZIMMON, Plaintiff and Appellant, v. CITY OF SAN BERNARDINO, Defendant and Respondent. Defendant and Respondent City of San Bernardino (City) denied Plaintiff and Appellant Garrett Zimmon's application for disability retirement. For example, Zimmon described a time when the mayor, at a city council meeting, wanted Zimmon to personally arrest the city attorney. The hearing was part of the Office of Administrative Hearings for the City Council of the City of San Bernardino. Zimmon argued that the City appeared to be conceding the fact that Zimmon is incapacitated; however the City raised a "`gotcha' affirmative defense. "

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