Nunez

We must decide whether a Los Angeles police officer has a constitutionally protected property or liberty interest in promotion to higher rank.

I

The Los Angeles Police Department (“LAPD”) administers an examination for police officers who wish to be promoted to the position of lieutenant. The test contains written and oral components. If a candidate scores high enough — 65% on the written portion and 70% overall — his or her name is added to a list of qualified prospects. The list is organized by bands, or groups, of scores; the Chief of Police must exhaust the candidates within a given band before selecting anyone from a lower band. As positions become available, candidates are chosen until such time as the list expires.

*870 Not just any officer can take the examination. According to official policy, a candidate must have, among other credentials, at least one year of supervisory experience. It is undisputed that officers David Nunez, Alex Gomez, and Clyde Anthony. "Vlaskamp (collectively, the- “police officers”) all fulfilled this requirement and each took the examination at least once. None, however, got promoted. The,, problem, they assert, is that several applicants…

Concurring:

I concur. The result is dictated by ample authority that the plaintiffs have no property interest in a promotion under the present facts. Despite this authority, the defendants should not read the opinion as giving them carte blanche to ignore established procedures where substantial interests are at stake. This is simply a matter to which the federal substantive due process clause does not speak.

I am satisfied that the facts of this action did not warrant recovery under the due process clause. Nonetheless, I concur with the caution that the opinion not be misconstrued.