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Constitutional Law
Declaratory Relief
Failure to Promote

Los Angeles Police Protective League, et al. v. City of Los Angeles, et al.

Published: Jun. 22, 2002 | Result Date: May 23, 2002 | Filing Date: Jan. 1, 1900 |

Case number: CV0110448SVW Bench Decision –  $0

Judge

Stephen V. Wilson

Court

USDC Central


Attorneys

Plaintiff

Devonne L. Midson

Elizabeth S. Tourgeman


Defendant

Gerald M. Sato

Janis L. Barquist
(Office of the Los Angeles City Attorney)


Facts

The plaintiffs are the Los Angeles Police Protective League (union for all officers below the rank of captain), and
LAPD officers Darryl Brown and Rodney Gregson. A plaintiff class was certified for plaintiffsÆ federal claims
for injunctive and declaratory relief sought under 42 U.S.C. Section 1983 only. The court declined to exercise
supplemental jurisdiction over the plaintiffsÆ state law claims.
Candidates for promotion in LAPD to the positions of lieutenant, detective and sergeant first take civil service
examinations and, based on the results of the examinations, are placed in certain "bands." The cityÆs personnel
department then forwards a list of eligible candidates to the Police Department, which then convenes
Promotional Assessment Boards to evaluate and rank the candidates further and make recommendations to the
Chief of Police. The Chief of Police convenes Boards of Inquiry when a promotional candidate is implicated in
a matter involving LAPD personnel or equipment which make the candidate problematical for promotion. The
Chief of Police makes the final decision on promotions, sometimes relying upon information from the Boards
of Inquiry. A 1993 contract between Los Angeles Police Protective League and the city called for the Chief of
Police to continue using Boards of Inquiry for evaluating candidates for promotion for 15 years.

Other Information

The court granted summary judgment as to the plaintiffsÆ federal causes of action only. The court found no property or liberty interest, thus no violation of due process. The court also found the 1993 contract to be valid. The court dismissed the plaintiffsÆ state law claims without prejudice.


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