California Court of Appeal

Trial court's denial of plaintiff's petition for writ of mandate seeking to reverse the decision of the Los Angeles County Civil Service Commission approving his discharge as a sworn peace officer for engaging in a personal relationship with a known prostitute and heroin addict in violation of the sheriff's department's prohibited-association policy, and grant of summary judgment in favor of the defendants on plaintiff's federal civil rights claim, are affirmed where: 1) the trial court did not err in denying the petition for writ of mandate as plaintiff's discharge from the department was not unconstitutional and the penalty imposed was not excessive; and 2) trial court's summary judgment on plaintiff's section 1983 claim against the department and sheriff was proper as plaintiff cannot demonstrate any constitutional violation.

Appellate Information

• Decided 12/06/2010
• Published 12/06/2010

Judges

• PERLUSS

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Russell M. Perry, Paul B. Beach