Pasos v. Los Angeles County Civil Service Commission
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After the Department discharged plaintiff based on her failure to report another deputy's use of force against an inmate and her failure to seek medical assistance for the inmate, the Commission affirmed the discharge. However, the trial court granted plaintiff's petition for writ of mandate and directed the Commission to set aside the discharge, award her back pay, and reconsider a lesser penalty.
The Court of Appeal reversed and held that the Department did not abuse its discretion in discharging plaintiff where plaintiff's conduct furthered the code of silence at the Men's Central Jail, requiring the Department to take action. In this case, plaintiff's conduct in following the code of silence undermined the Department's trust and confidence in plaintiff as a deputy sheriff and negatively impacted the operation of the jail. Furthermore, at the Commission hearing, plaintiff minimized her responsibility to report the use of force. Therefore, given the Department's reasoned explanation that the discharge was necessary, the court concluded that this is not the exceptional case where reasonable minds cannot differ on the appropriate penalty. The court remanded for the trial court to enter a new judgment denying the petition for writ of mandate.
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