Townsend

This case involves the problem of mandatory retirement imposed upon a public employee. The employee is a deputy public defender; the employer is the County of Los Angeles, which in January 1969 adopted a pension plan that requires county employees to retire at age 65.

Plaintiff Vince Monroe Townsend, Jr., appeals from a summary judgment in favor of respondent Los Angeles County and related defendants.

Facts

Plaintiff was employed by Los Angeles County as a deputy public defender starting in February 1965. He was a civil service employee. He claims that'when he was hired, retirement at age 70 was permissible but not required. Plaintiff “enjoys excellent physical and mental health and strength,” and is able to perform and carry out all of his duties of employment as a deputy public defender “competitively”. He would like to continue to be a public defender “until at least” May 1, 1976, when he will reach 70 years of age, “or at some future time thereafter; . . . .” Starting in December 1972, he received several notices that he would be required to retire on January 1, 1974. In September 1973, he informed the county that he wanted to remain as a full time active and…