The plaintiff in this case was employed as a San Diego police officer. ?He also served in the Naval Reserve, which required annual two to three week tours of active duty. ?He claimed he was subjected to a pattern of harassing investigations and discipline as a result of needing leave for military service. ?Shortly before he returned from service in Bosnia, the Department terminated him.? ?He appealed the termination internally and it was overturned, but he was warned any subsequent misconduct would result in discharge.? ?He then received a transfer, which he had desired. ?A few weeks later he received an unacceptable performance rating and a citizen complaint against him. ?He then quit. ?He filed suit under USERRA arguing constructive discharge.? ?He won and received $256,800 in damages from the jury. ?The district court granted the employer?s motion for judgment as a matter of law or in the alternative a new trial. ?Wallace appealed and the Ninth Circuit reversed the judgment to employer and reinstated the judgment in his favor. ?The majority ruled that there was evidence from which a jury could find that Wallace?s military service negatively affected his relationship with his supervisors. ?The majority ruled that federal law governing constructive discharge applied.? ?The majority held that there was a sufficiently continuous pattern of discriminatory treatment to allow for a jury finding in Wallace?s favor.? ?The majority rejected the assertion that the transfer had so improved Wallace?s working conditions that there could be no constructive discharge as a matter of law. ?The majority ruled the jury could hold it was reasonable? for? Wallace? to? quit? based? on? a possible citizen complaint given that the department? had? a? history? of? disciplining? him based on meritless complaints. ?The majority also reversed the grant of a new trial to the City because it concluded that the district court?s reasons for doing so were legally erroneous. ?In dissent, Judge Bybee asserted that no reasonable jury could have found constructive discharge under either federal or California law. ?In doing so, Judge Bybee failed to review the evidence in the light most favorable to Wallace. ?Wallace v. San Diego, 460 F.3d 1181 (9th Cir. 2006).