California Court of Appeal

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Quintanar v. Co. of Riverside, E058232

Following an incident in which plaintiff-deputy allegedly used excessive force, plaintiff was demoted. Judgment of the trial court finding that the hearing officer, who upheld the demotion for use of excessive force, had not exercised independent judgment is reversed, where: 1) under the Memorandum of Understanding, the hearing officer was required to exercise independent judgment not only with respect to whether there were grounds for discipline, but also with respect to the nature of the discipline; and 2) the hearing officer's failure to use independent judgment would not have changed the outcome and was therefore not prejudicial.

Appellate Information

  • Decided 10/24/2014
  • Published 10/24/2014

Judges

  • Richli

Court

  • California Court of Appeal

Counsel


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