Fairfax, CA
Lawyer at Fairfax, CA
OUTCOME: Court of Appeal decision reversed
Court of Appeal held Government Code Section 3304(d) requires LAPD to give notice of specific disciplinary action proposed within one year of discovering misconduct. California Supreme Court reversed, ... saying LAPD simply has to complete its investigation within one year and notify officer of the charges against him.
OUTCOME: Court of Appeal affirmed trial court
Court of Appeal held an officer wishing to raise a statute of limitations defense under Government Code Section 3304(d) to charges of misconduct must first raise the issue at his administrative hearing ... , affirming the decision of the Superior Court.
OUTCOME: Court of Appeal reversed trial court
Court of Appeal held LAPD must set aside officer's 22-day suspension because LAPD relied solely on inadmissible hearsay to sustain its finding that the officer committed misconduct.
OUTCOME: Court of Appeal upheld trial court
Court of Appeal held that, under Government Code Section 3309.5, a trial court may order evidence seized in violation of the Public Safety Officers Procedural Bill of Rights Act to be excluded from fut ... ure administrative and other proceedings where it was "possible a different outcome would have been reached had [the accused officer] been afforded the protections of the Act . . ."
OUTCOME: Court of Appeal reversed trial court
Court of Appeal permits an officer to sue his department for violating provisions of the Public Safety Officers Procedural Bill of Rights Act (Government Code Section 3300, et seq.) without exhausting ... his administrative remedies.
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