Giuffre

Giuffre v. Sparks

Good Law
1999 Cal. App. LEXIS 1097·76 Cal. App. 4th 1322·91 Cal. Rptr. 2d 171·99 Daily Journal DAR 12655·99 Cal. Daily Op. Serv. 9853
Court of Appeal of CaliforniaDecember 16, 1999F030933California3,374 words

Opinion

Opinion

Buckley, J.

Statement of the Case and Facts

On February 14, 1997, during an argument with a girlfriend, Senior Sheriffs Deputy Joseph Giuffre (Giuffre) threatened suicide. When questioned by his superiors about the incident, he admitted making the statement but denied any intention of suicide. As a result of this incident, on May 20, 1997, Giuffre was suspended from the SWAT team for a six-month period. At the time the suspension was issued, Giuffre had been a member of the SWAT team for 11 years and was ranked as a senior deputy. On September 3, 1997, which was prior to the expiration of the six-month suspension, Giuffre was involved in a dispute with his ex-wife, Winnifred Doane, over child visitation issues. During a long-distance telephone conversation, Giuffre threatened to kill Doane.

On February 3, 1998, the assistant sheriff issued a written reprimand to Giuffre stating that the threat to Doane constituted a “technical violation of the law” as well as a violation of the Kern County Sheriffs Departmental Policies and Procedures Manual. The written reprimand also stated that as a result of the two incidents, it was the intention of the sheriff’s department to remove Giuffre…

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