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NUNEZ v. CITY OF LOS ANGELES

No. 97-55139.

147 F.3d 867 (1998)

David NUNEZ, Alex Gomez, and Clyde Anthony Vlaskamp, Plaintiffs-Appellants, v. CITY OF LOS ANGELES, the Los Angeles Police Department, Chief Willie Williams, Captain James Tatreau, Captain Lee Carter, Sergeant Gary Grubbs, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided June 5, 1998.

Attorney(s) appearing for the Case

Russell J. Cole, Law Offices of Paul R. DePasquale, Los Angeles, California, for appellants.

Leslie E. Brown, Assistant City Attorney, Los Angeles, California, for appellees.

Before: FARRIS, O'SCANNLAIN, and FERNANDEZ, Circuit Judges.

O'SCANNLAIN, Circuit Judge:

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...

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