Former Pacific Grove Police Officer Michael Gonzalez was not fired for posting "Free Kyle Rittenhouse" on his Parler account in 2020, as Gonzalez claims in a $1 million lawsuit, the city said in court documents filed on May 27. The city denies all claims by Gonzalez that his free speech rights were violated.
What got Gonzalez fired in part was another post on the social media platform Parler, "Fuck Black Lives Matter," which, the city contends was in direct violation of the P.G. Police Department's code of conduct.
"Plaintiff's claim fails because his termination was justified given that the Defendant City of Pacific Grove's legitimate administrative interests outweigh Plaintiff's First Amendment rights," the city's response states.
Gonzalez filed his lawsuit against Pacific Grove in the U.S. District Court Northern District on Feb. 22, a little over one year after he was fired by the city. The firing came after Gonzalez was investigated twice in 2020, at first because his truck parked in a city parking lot displayed decals from known white supremacist and anti-government groups. He was placed on leave and then reinstated after that investigation. The second investigation came after the city received complaints about his posts on Parler.
The city also denied Gonzalez "was fired because one [city councilmember] did not like his political view," as claimed in his lawsuit. Gonzalez states in his lawsuit that one councilmember is Jenny McAdams, naming her a total of 47 times in court documents.
The city asks the court to bar Gonzalez from collecting any money from the city because it acted in good faith under the law, according to the city's response to Gonzalez's complaint. It also states that Gonzalez failed "to use reasonable diligence in seeking comparable employment elsewhere."
In addition to asking that the complaint be dismissed, the city is asking for reimbursement of all of its costs in defending itself.
A case management hearing is scheduled for 9:30am tomorrow, Tuesday, June 14, in the San Jose courtroom of U.S. District Court Judge Susan van Keulen.

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