What is the legal test for suspending a police officer from the bench?

California, United States of America

The following excerpt is from Holcomb v. City of Los Angeles, 210 Cal.App.3d 1560, 259 Cal.Rptr. 1 (Cal. App. 1989):

The first question is whether this statutory scheme applies to the situation at bench. Government Code section 3304(b) states no "punitive action" may be taken against an officer "without providing the officer with an opportunity for administrative appeal." Government Code section 3303 defines "punitive action" to include suspension. These provisions apply to the City of Los Angeles. (Baggett v. Gates (1982) 32 Cal.3d 128, 135-140, 185 Cal.Rptr. 232, 649 P.2d 874.)

"The most advanced legal research software ever built."

Try it today free of charge!

The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.

Other Questions

Does a complaint to the police department asserting misconduct by a police officer constitute a crime prescribed under California Penal Code section 148.5 of reporting to police officer that a felony or misdemeanor has been committed? (California, United States of America)

Can a defendant who claims self-defense to a charge of battery upon a police officer, who is also charged with battery upon the officer, obtain materials from the police department concerning the propensity for violence against the officer? (California, United States of America)

If renaming a police officer in the name of a police community support officer is a good cause for concern, and if so, what effect will the name have on the police community? (California, United States of America)

Can a police officer sue an officer from another police force for personal injury? (California, United States of America)

In what circumstances would the defense in a civil case have to call at least two police officers, the officer who was involved in a chase and the officer involved in the chase, and the person who was arrested for shots being fired from his car? (California, United States of America)

What is the effect of public interest in a police officer soliciting other police officers to commit armed robberies? (California, United States of America)

What is the legal test for a criminal defendant to obtain copies of a police officer's personnel records from the California Police Service? (California, United States of America)

What is the test for admitting an admission of a statement to a police officer that he would kill the first police officer to step inside his cell if he was not permitted to visit with his wife? (California, United States of America)

Can a defendant who shot an off-duty police officer in the head with a single shot, get out of his car, get into his car and shoot the officer as the officer is approaching? (California, United States of America)

When a bench officer issued an order for a fee under review was not the same bench officer as the judge who presided over the trial, can the court exercise a less deferential standard of review? (California, United States of America)

What is the legal test for suspending a police officer from the bench?

"The most advanced legal research software ever built."

Other Questions

Trusted by top litigators from across North America.

Company

Product

Resources