Is a city charter that authorizes the discharge of a police officer who refuses to waive immunity from prosecution when he appears before a grand jury?

California, United States of America


The following excerpt is from Lybarger v. City of Los Angeles, 221 Cal.Rptr. 529, 40 Cal.3d 822, 710 P.2d 329 (Cal. 1985):

And in Gardner v. Broderick, supra, 392 U.S. 273, 88 S.Ct. 1913, a case strikingly similar to this one, the court held unconstitutional a city charter provision which authorized the discharge of a police officer who had refused to waive immunity from prosecution when he appeared before a grand jury investigating police misconduct. (Id., at pp. 278-279, 88 S.Ct. at pp. 1916.)

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