Crupi

Plaintiff Robert J. Crupi appeals from that portion of the trial court’s order denying his motion to preliminarily enjoin defendants City of Los Angeles, Daryl F. Gates, and Harry T. Kozak (hereafter department) from using certain information against him in a pending disciplinary proceedings involving his employment as a Los Angeles police officer and to mandate that he be restored to his regular assignment. Defendant City of Los Angeles cross-appeals from the order granting backpay to plaintiff.

Background

Plaintiff, while acting in his capacity as an officer of the Los Angeles Police Department, shot and wounded a fleeing felon on July 2, 1988. In accordance with department procedures the matter was referred to both the department’s use of force review board and officer-involved shooting section of the robbery/homicide division for investigation. In the meantime, plaintiff was evaluated by the department psychologist and after attending a two-week tactical awareness course returned to full duty on July 29, 1988.

On October 31, 1988, the use of force review board made a finding classifying the shooting as “out of policy” and recommended administrative disapproval.…