California Court of Appeal

In case where plaintiff was dismissed by his employer, defendant county, for engaging in conduct unbecoming a county employee by making deceptive statements to a judge, and by being insubordinate in refusing to answer questions by invoking his right against self-incriminatation, denial of petition for writ of mandate is reversed where a public agency cannot penalize one of its employees for refusing to answer incriminating questions unless the state first grants or offers immunity.

Appellate Information

• Decided 01/12/2007
• Published 01/12/2007

Judges

• RUSHING, P.J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Burnett, Burnett & Allen, Douglas B. Allen, San Jose, for Plaintiff and Appellant Thomas Spielbauer.


• For Appellees:
  
• Office of the County counsel, Ann Miller Ravel, County Counsel, Marcy L. Berkman, Deputy County Counsel, for Defendants and Respondents County of Santa Clara et al.