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GORDON v. HORSLEY

No. A088568.

102 Cal.Rptr.2d 910 (2001)

86 Cal.App.4th 336

Louis A. GORDON, Plaintiff and Appellant, v. Don HORSLEY, as Sheriff, etc., et al., Defendants and Respondents.

Court of Appeals of California, First District, Division Three.

Rehearing Denied February 13, 2001.

Attorney(s) appearing for the Case

David P. Clisham, William H. Sortor, Clisham & Sortor, San Francisco, for Appellant.

Thomas F. Casey III, County Counsel, County of San Mateo; Carol L. Woodward, Deputy County Counsel, County of San Mateo, for Respondent.

Martin J. Mayer, Cynthia W. Blaylock, Mayer & Coble, Long Beach, for Amici Curiae, California State Sheriffs Association et al., in support of Respondents.

Lloyd W. Pellman, County Counsel of the County of Los Angeles; Gordon W. Trask, Principal Deputy County Counsel of the County of Los Angeles, for Amicus Curiae, California Association of Counties in support of Respondents.

PARRILLI, J.

Does a Sheriff have authority to administratively restrict a deputy's peace officer powers to arrest and to carry a concealed firearm off duty, when the deputy has shown he may present a danger to the public if he is allowed to exercise those powers? We conclude a Sheriff does have such authority.

However, we also conclude that a deputy has a right to administratively appeal such restrictions on his peace officer powers. Since the deputy in this...

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