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California Court of Appeal


Furtado v. State Personnel Board, D059912

In appeal from a judgment denying plaintiff's petition for a writ of mandate to have the California State Personnel Board (SPB) set aside its order sustaining the decision of California's Department of Corrections and Rehabilitation to medically demote plaintiff to a non-peace officer position, and not to place him in a newly-created administrative correctional lieutenant peace officer position, judgment is affirmed, where there was sufficient evidence to support the SPB's determination that: 1) plaintiff was unable to perform the essential functions of his correctional lieutenant position even with reasonable accommodation; and 2) plaintiff should be medically demoted to an available non-peace officer position for which he was qualified and could perform the essential duties.

Appellate Information

  • Decided 01/07/2013
  • Published 01/07/2013

Judges

  • AARON

Court

  • California Court of Appeal

Counsel

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