Less than a week after agreeing to pay $1.3 million to settle a police shooting case, the city of Fresno is back in court defending its actions in a case involving two of its former officers.

This time, it's the former officers -- Richard Gaines and his wife, Jaimy -- who are suing the city. They contend their bosses forced them to resign in August 2005 for taking too much time off from work because of illnesses, recovery from a stab wound and to care for a special-needs son.

But an attorney for the city said Monday the couple were probationary employees and could be let go at any time. The attorney, James Betts, also said the stabbing claim is fishy.

The couple's lawsuit in Fresno County Superior Court doesn't specify how much money they're seeking from the city, but they claim they lost at least $150,000 in wages.

Testimony is expected to take two to three weeks. Chief Jerry Dyer and several of his top administrators are witnesses.

The Gaines' lawsuit is one of more than three dozen that the city faces this year. Just last week, the city agreed to pay $1.3 million to the family of Steven Vargas, who was shot and killed by police in October 2009.

The Gaineses came to the Fresno Police Department from the California State University, Fresno, force in spring 2004. In their lawsuit, they say they suffered emotional distress and embarrassment from their resignations in August 2005.

Richard Gaines, 45, is now a lieutenant with the State Center Community College District Police Department. His 34-year-old wife is a Sanger police officer.

In his opening statement, attorney Lawrence Murray described a series of events that he said forced his clients to take time off work:

Richard Gaines got pneumonia after police dispatch sent him to a home with a dead woman inside. Murray said odors from the decomposing body infiltrated Gaines' lungs, causing him to miss a few months of work.

Jaimy (Quesada) Gaines -- she was Richard's fiancée then, but they later married -- got bronchitis. On doctor's orders, she missed several weeks of work.

The couple took time off together to care for Gaines' special-needs son when his ex-wife couldn't.

The couple took time off again after Gaines reported that he was stabbed inside his Clovis home in July 2005.

Murray said Monday that was the last straw for the department. Deputy Chief Robert Nevarez told the couple they had a choice: resign or be fired.

That's right, said Betts, the city's attorney -- but the city was within its rights while dealing with probationary employees.

Betts said that Richard and Jaimy each abused the city's leave policy by taking more than 45 days in sick leave and vacation during their short stints with the department.

And Betts said the couple made a phony claim about taking time to care for Gaines' son. Betts said Gaines' ex-wife is expected to testify that he seldom took an interest in his son's medical care or his education.

The stabbing incident also is questionable, Betts said. The case was never solved.

The two wounds to Gaines' side looked like scratches, Betts told jurors. "There was no stitches, no surgery," he said.

Richard Gaines didn't call 911. He called Jaimy, who was on patrol in Fresno.

Once Clovis police officers began investigating the incident, Betts said, "they didn't buy it."

Veteran police officers will testify that an attack on a police officer at his or her home never happens, Betts said. "It may happen in the movies, but not in real life," he said.