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California Court of Appeal


Cate v. California State Personnel Board, E053011

On petition for writ of administrative mandamus to order the State Personnel Board (SPB) to reinstate a correctional officer's termination of employment with the California Department of Corrections and Rehabilitation (DCR), the trial court's grant of the petition is affirmed, where: 1) there was no substantial evidence supporting the SPB's finding that the DCR had failed to prove its allegation that the officer was negligent by failing to report or respond to a suicidal statement made by an inmate; and 2) the SPB abused its discretion by reducing the officer's punishment from termination to a 30-day suspension.

Appellate Information

  • Decided 03/13/2012
  • Published 03/13/2012

Judges

  • Hollenhorst

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Rudy E. Jansen, Stephen A. Jennings

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