Cdcr

Appellant David Wabakken was a Lieutenant with the California Department of Corrections and Rehabilitation (“Corrections Department”). Between August 2010 and April 2011, the Corrections Department sent Wabakken three notices of adverse action, each of which contained multiple charges of misconduct. The third notice of adverse action resulted in Wa-bakken’s dismissal from employment with the Corrections Department. Wabakken appealed the three adverse actions to the California State Personnel Board.

The Administrative Law Judge (“ALJ”) determined that the Corrections Department failed to establish by a preponderance of the evidence the charges against Wabakken in the first and second notices of adverse action. The ALJ also determined that the Corrections Department had proved by a preponderance of the evidence some of the less serious charges of misconduct alleged in the third notice of adverse action, but that dismissal from employment was too harsh a penalty. The State Personnel Board adopted the ALJ’s decision.

Wabakken filed suit in the United States District Court against the Corrections Department, J.W. Morgan, George DiMaggio, Gary Grover, Keith Mayfield, Frank…