Murden

Murden v. County of Sacramento

Good Law
160 Cal. App. 3d 302·1984 Cal. App. LEXIS 2544·206 Cal. Rptr. 699
Court of Appeal of CaliforniaSeptember 26, 1984Civ. 23136California3,925 words

Opinion

Opinion

Byrne, J.

Petitioner James Murden appeals from a denial of his petition for writ of mandate. Petitioner alleges his “liberty interests” as protected by the California and the United States Constitutions had been violated upon his termination of employment for the Sacramento County Sheriff’s Department as a deputy sheriff with the reserve forces. His termination was based upon charges of misconduct. He requested an adequate due pro cess hearing for the purpose of clearing his name. He also requested back-pay. We affirm.

Facts

In December 1981 petitioner began work as a nonpaid voluntary member of the reserve forces of the Sacramento County Sheriff’s Department. On April 4, 1982, he was given a nine-month paid assignment as an on-call deputy sheriff at the Sacramento County main jail facility. An on-call deputy sheriff is an employee hired from the reserve forces to temporarily fill vacancies when regular officers are absent or there is otherwise some temporary vacancy in a permanent position. The assignment was terminable at will. Petitioner did not have any permanent or probationary status.

On May 11, 1982, Lieutenant Dick Bennett, executive officer of the main jail, informed…

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