On Sept. 2, 2011, plaintiff Quincy Miles, 37, a black Long Beach Police Officer, was terminated from his position. Miles claimed that prior to his termination, he was discriminated against and harassed due to his race. He claimed he was even discriminated against and harassed by a black sergeant. Thus, Miles claimed that he was fired in retaliation for making the prior complaints. Miles sued the city of Long Beach. Kristine Bates was also sued, but later removed from the case. Plaintiff’s counsel contended that there were Internal Affairs’ investigations into Miles’ alleged job-related misconduct, but that the investigations were really a pretext for a racially motivated firing. Defense counsel disputed Miles’ discrimination claims, noting that in 2005, Miles failed the Long Beach Police Academy, but attained a security job with the city. Subsequently, in 2007, Miles was admitted to the academy again and this time, he graduated. Thus, defense counsel asserted that Miles was given a second chance to attain a police officer position. Defense counsel also argued that Miles’ termination in September 2011 was due to performance problems, including neglect of duty, insubordination and untruthfulness. Counsel contended that Miles had sustained charges from a domestic violence incident with his mother’s child in 2010, from which he received a 20-day suspension, and that Miles was advised at that time that any further misconduct could result in termination. However, counsel contended that just months later, Miles fell asleep at an officer involved shooting and then lied to his sergeant about reports he had been ordered to complete. Defense counsel asserted that as a result of the events, Miles underwent two Internal Affairs investigations, each resulting in all charges sustained, including the multiple charges of untruthfulness. Thus, defense counsel argued that the investigations were not a pretext for a racially motivated firing and that the investigations arose from events that occurred before Miles made any complaints of racial discrimination and harassment. Prior to jury deliberations, defense counsel made a motion for non-suit, citing a lack of evidence. The court ultimately granted the motion in part, dismissing Miles’ claim of discrimination., Miles claimed that as a result of his termination, he suffered a loss of earnings and future earning capacity. He also claimed he suffered emotional distress.