Spencer v. City of Minneapolis

OPINION

FOLEY, Judge.

Frederick Spencer brought an action against the City of Minneapolis claiming that under Minn.Stat. § 197.46 (1982), he was entitled as a veteran to be paid his full salary and benefits from the date of his suspension without pay until the date of his formal discharge after a hearing. The city claimed Spencer was not entitled to back pay because he abandoned his position and unreasonably delayed the formal discharge hearing. The trial court granted summary judgment in Spencer’s favor.

*331FACTS

Fred Spencer was a Minneapolis assistant city attorney for nearly 15 years. In June,…