Mata

Appellant Manuel Mata, a Los Angeles police officer, was terminated after being charged in disciplinary proceedings with six counts of misconduct and found guilty of two counts. In this action he sought and obtained a writ of mandate directing respondents City of Los Angeles and its chief of police to reinstate him. He also sought compensatory damages for violation of his civil rights pursuant to 42 United States Code section 1983 . The trial court granted respondents’ motion for summary judgment on the ground that the balance of appellant’s case is barred by the relief granted in the writ proceedings. This appeal is taken from that order. For reasons explained more fully in this opinion, we conclude the trial court erred in granting the motion and reverse.

I

Appellant’s Complaint

The controlling pleading in this case is entitled “Amended Petition for Peremptory Writ of Mandate; Verified Complaint for Injunctive Relief, Declaratory Relief and Other Extraordinary Relief.” This lengthy, verbose and argumentative pleading alleges that appellant was a highly respected Los Angeles police officer with “expertise in Cuban gangs, Cuban organized crime, and Cuban drug…