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CHAVEZ-SALIDO v. CABELL

No. CV 76-541-IH.

490 F.Supp. 984 (1980)

Jose CHAVEZ-SALIDO, Ricardo Bohorquez, and Pedro Luis Ybarra, Plaintiffs, v. Clarence E. CABELL, in his official capacity as Acting Chief Probation Officer of Los Angeles County; Jacqualine Hasentab, in her official capacity as Personnel Officer for the Los Angeles Probation Department; Gordon T. Nesvig, in his official capacity as Chief Personnel Officer for the County of Los Angeles; and the County of Los Angeles, a body politic, Defendants.

United States District Court, C. D. California.

June 4, 1980.

Attorney(s) appearing for the Case

Richard A. Paez, Legal Aid Foundation of Los Angeles, Los Angeles, Cal., Michele D. Washington, Western Center on Law and Poverty, Inc., Los Angeles, Cal., for plaintiffs.

John H. Larson, County Counsel, Eric R. Young, Deputy County Counsel, Los Angeles, Cal., for defendants.

Before PREGERSON, Circuit Judge, CURTIS, Senior District Judge, and IRVING HILL, District Judge.

OPINION

IRVING HILL, District Judge:

In an opinion filed February 3, 1977, and published at 427 F.Supp. 158 (C.D.Cal.1977), this Court declared unconstitutional California Government Code Section 1031(a). That section provides that one must be a citizen of the United States to be a peace officer or to occupy any governmental position, state, county, or local, which is declared by law to have the powers of a peace officer...

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