Madrigal v. County of Riverside
Plaintiff was a probationary deputy sheriff with the County of Riverside Sheriff’s Department. Plaintiff’s personnel file contained an incomplete background investigation into allegations that he solicited prostitutes and was involved in drug activity. During the probationary period, plaintiff was terminated for unrelated reasons. Plaintiff sought a hearing to respond to the allegations and to contest his termination. The trial court granted plaintiff only a hearing to respond to the allegations of misconduct and clear his name. Plaintiff appealed the trial court’s decision and, in an unpublished opinion, this court affirmed the trial court’s decision, holding that plaintiff was entitled to only an administrative appeal to respond to the allegations as required under the Public Safety Officer’s Procedural Bill of Rights Act. On remand, the County afforded plaintiff an opportunity to respond to the allegations. Although the County admitted that there was insufficient evidence to continue an investigation into the allegations, the hearing officer made no factual findings and the County kept the information as part of plaintiff’s background investigation file. Plaintiff filed a petition for writ of mandate in the trial court seeking a new hearing consistent with due process and any other appropriate relief. The trial court granted the petition and ordered the County to remove the allegations and any related references from plaintiff’s personnel file. The County appeals from the trial court’s decision granting plaintiff’s writ of mandate. On appeal, the County argues that the court erred in both requiring the removal of information contained in plaintiff’s background file and prohibiting the County from disclosing the information to other law enforcement agencies.
Court concluded that the trial court properly interpreted the Bill of Rights Act and other relevant provisions to find that the County improperly retained the allegations of misconduct in plaintiff’s file without providing him with an adequate administrative appeal. Court also concluded that the trial court’s order to remove the allegations and all references to them from plaintiff’s file constituted appropriate relief under Government Code section 3309.5.
Comments on Madrigal v. County of Riverside