Michele Molinario and Jon Barnes Obtain Successful Outcome in Arizona Court Of Appeals

Dyer v. City of Yuma (Dyer II) – In Dyer v. City of Yuma (Dyer II), the Arizona Court of Appeals affirmed a judgment upholding Officer Dyer’s termination. The City of Yuma terminated Dyer based on violations of police department policy, and Dyer appealed to the City’s merit board, which recommended Dyer’s reinstatement. The City Administrator rejected that recommendation and upheld Dyer’s termination, but without specifying any findings required by the governing statute. Dyer sued the City claiming, inter alia, the City was required to reinstate her pursuant to the merit board’s recommendation. The trial court dismissed Dyer’s complaint and upheld the City Administrator’s decision. But the Court of Appeals in Dyer I remanded based on the City Administrator’s failure to specify the statutorily required findings. On remand, the City Administrator upheld Dyer’s termination and set forth detailed findings in support of his decision. The trial court then entered judgment, finding that the mandate from Dyer I was satisfied, which the Court of Appeals in Dyer II affirmed.

Michele focuses her practice in the areas of law enforcement defense, correctional defense, employment law and governmental liability. She has tried both state and federal jury and bench trials and administrative law hearings. In addition to her 17 years of trial experience, Michele has an impressive record of obtaining motions for summary judgment or dismissal on behalf of her clients. Since 2010, 32 of the 38 cases she has filed in federal court were disposed of through orders of dismal or summary judgment.

Jon concentrates his practice on federal and state appeals in all types of civil litigation, including medical malpractice, governmental liability, employment, family law and torts. He also assists trial counsel in preserving the record for appeal, preparing dispositive and post-trial motions, and crafting proposed final judgments. Prior to joining Jones, Skelton & Hochuli, Jon clerked at the Arizona Court of Appeals, where he discovered his passion for appellate practice.