Roe v. State Personnel Bd.
Filed 1/30/07 Roe v. State Personnel Bd. CA1/5
NOT
TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of
Court, rule 8.1115(a), prohibits courts and parties from citing or relying on
opinions not certified for publication or ordered published, except as
specified by rule 8.1115(b). This opinion has not been certified for
publication or ordered published for purposes of rule 8.1115.
IN
THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIRST
APPELLATE DISTRICT
DIVISION
FIVE
ROBERT Plaintiff v. STATE Respondent; DEPARTMENT |
A112383
(Alameda Super. Ct. No. 8202952)
|
Plaintiff Robert Roe appeals from denial of his motion for attorney fees
under 42 United States Code section 1988. We reverse and remand for the
trial court to exercise its discretion to award reasonable attorney fees.
Background
The underlying facts are set out in detail in one
of our earlier decisions, Roe v. State Personnel Bd. (2004) 120
Cal.App.4th 1029 (Roe III).
On August 25, 1992, the Department of Justice (Department)
mailed Robert Roe a notice of adverse action dismissing him for
cause from his position as a Deputy Attorney General effective August 31, 1992. The Department charged Roe with dishonesty, willful disobedience, misuse
of state property, and general failure of qualifications and good behavior. The
charges stemmed from Roe's unauthorized removal of two computer printers from
the offices of the Attorney General.
On August 31, Roe's
counsel, Roger
Patton, met with Assistant Attorney General George Williamson, the Department Skelly
officer,[1]
and proposed various resolutions short of dismissal; he told Williamson that
the Department had not given Roe adequate notice of termination. Patton and
Williamson scheduled the Skelly hearing for September 24 at 2:00 p.m. Patton testified that Williamson warned him on September 23 that for Roe
to avoid discipline he would have to submit his resignation by the 24th.
On September 24, 1992, at 11:14 a.m., Patton faxed Williamson a letter of resignation signed by Roe, which stated â€
| Description | Plaintiff Robert Roe appeals from denial of his motion for attorney fees under 42 United States Code section 1988. Court reverse and remand for the trial court to exercise its discretion to award reasonable attorney fees. |
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