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CALIFORNIA STATE EMPLOYEES' ASSN. v. WAY

Docket No. 20977.

135 Cal.App.3d 1059 (1982)

185 Cal. Rptr. 747

CALIFORNIA STATE EMPLOYEES' ASSOCIATION et al., Plaintiffs and Appellants, v. HOWARD WAY, as Secretary, etc., et al., Defendants and Respondents.

Court of Appeals of California, Third District.

August 25, 1982.

Attorney(s) appearing for the Case

COUNSEL

Loren E. McMaster and McMaster, Stump & Lobel for Plaintiffs and Appellants.

George Deukmejian, Attorney General, and Melvin R. Segal, Deputy Attorney General, for Defendants and Respondents.

OPINION

EVANS, Acting P.J.

Regulation 4038 of the California Youth Authority (hereafter Department) provides: "An employee shall not carry or use firearms or other lethal weapons under any circumstances while on duty or acting in an official capacity." (Cal. Admin. Code, tit. 15, § 4038.) In the summer of 1980, the Department reaffirmed the regulation following a series of public hearings.

Robert M. Gomez, a parole agent...

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