Kemmerer

Ken Kemmerer, a permanent civil service employee in the Social Services Department of the County of Fresno (County), appeals from a judgment of dismissal of this civil suit for damages against the County of Fresno and two of his superiors following the court’s sustaining of the County’s and two superiors’ general demurrer to his complaint without leave to amend. The individual defendants are Ben J. Kelley, director, and Ernest E. Velasquez, assistant director of social services for the County. This suit followed action by the civil service commission ordering the reinstatement of Kemmerer to his employment and reducing the discipline imposed to a letter of reprimand. We will hold he cannot maintain the suit upon several theories and will affirm the judgment.

Facts

Kemmerer was hired by the Fresno County Department of Social Services on January 14, 1968. He became a full-time employee under civil service. In 1984, Mr. Zenon Pena and his wife were receiving public assistance from the aid to families with dependent children (AFDC) program through the County. Kemmerer was involved with the In-Home Supportive Services program, not with AFDC. Pena had been a tenant in a…