California Court of Appeal

In case where plaintiff had permanent status with defendant in a position designated as a peace officer, laterally transferred to another department, was rejected on probation, and was reinstated to his former position, defendant department cannot require plaintiff to undergo a new background investigation to retain his peace officer status.

Appellate Information

• Decided 02/05/2008
• Published 02/05/2008

Judges

• MORRISON, J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Edmund G. Brown, Jr., Attorney General, Jacob A. Appelsmith, Senior Assistant Attorney General, and Vincent J. Scally, Jr., Deputy Attorney General, for Defendant and Appellant., Kasey Christopher Clark, Chief Counsel, and Lawrence J. Friedman, Senior Legal Counsel, for Plaintiff and Respondent., Anthony M. Santana, Sacramento, for California Association of Highway Patrolmen, Amicus Curiae, on behalf of Plaintiff and Respondent.