McLain v. City of Somerville
District Court, D. Massachusetts
1Opinion of the Court
MEMORANDUM AND ORDER ON CROSS-MOTIONS FOR SUMMARY JUDGMENT
LINDSAY, District Judge.
I. INTRODUCTION
The plaintiff Thomas McLain (“McLain”) has brought this claim for wrongful “failure to hire” under the Uniformed Services Employment and Reemployment Rights Act of 1994 (“USERRA”), 38 U.S.C. §§ 4301-4333. He asserts that the City of Somerville (“Somerville” or the “City”), Massachusetts, violated his rights under USERRA when it failed to hire him as a police officer in the fall of 2001 because his active service in the United States Army made him unavailable until two months or so after the date…
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