Riveros

Riveros v. City of Los Angeles

Good Law
1996 Cal. App. LEXIS 50·41 Cal. App. 4th 1342·49 Cal. Rptr. 2d 238·96 Daily Journal DAR 715·96 Cal. Daily Op. Serv. 466
Court of Appeal of CaliforniaJanuary 22, 1996B086787California8,288 words

Opinion

Opinion

Perez, J.

Jose Riveros appeals from the judgment denying his petition for writ of mandate to be reinstated to his job as a Los Angeles police officer. For the reasons set forth below, we affirm the judgment.

Facts and Procedural History

Appellant Jose Riveros (Riveros) was sworn in as a rookie member of the Los Angeles Police Department (the Department) on September 9, 1991. By all accounts, Riveros was an excellent and dedicated officer who showed an early commitment to a law enforcement career. Pursuant to section 109, subdivision (c) of the Los Angeles City Charter, Riveros would remain a probationary employee of the Department for 18 months.

On November 3, 1992, a complaint against Riveros was lodged by 18-year-old Heather Stupnik, alleging that after Riveros arrested her the month before on drug charges, he struck up a personal relationship with her which culminated in sexual intercourse. Stupnik’s allegations were investigated between November 20, 1992, and December 14, 1992. The investigation revealed that Riveros and his training officer, William Murphy, responded to a child abuse call made by Bonnie Ivy, Stupnik’s mother. Ivy told Riveros and Murphy that Stupnik, a…

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