Dahlitz v.
State Personnel Bd. of California
Filed 9/14/10 Dahlitz v. State Personnel Bd. of California CA4/2
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 This opinion has not been certified for
publication or ordered published for purposes of rule 8.1115
THE COURT OF APPEAL OF THE STATE OF
APPELLATE DISTRICT
TWO
BRENT
V. DAHLITZ,
Plaintiff and Appellant,
v.
STATE
PERSONNEL BOARD OF CALIFORNIA et al.,
Defendants and Respondents.
E049448
(Super.Ct.No. RIC502975)
OPINION
APPEAL from the Superior Court of Riverside
County. Paulette
Durand- Barkley, Temporary Judge.
(Pursuant to Cal. Const., art. VI, § 21.) Affirmed.
Law Offices of Granowitz, White and
Weber and Bradley R. White, for Plaintiff and Appellant.
Debra L. Ashbrook, Chief Counsel,
and Stephen A. Jennings, Staff Counsel, for Defendants and Respondents
California Department of Corrections.
No appearance for Defendant and
Respondent State Personnel Board of California.
Plaintiff
and appellant Brent V. Dahlitz appeals his termination as a correctional
officer by defendant and respondent California Department of Corrections and
Rehabilitation (the Department).
Plaintiff first sought administrative review of his termination before
defendant and respondent California State Personnel Board (the SPB). Then plaintiff petitioned for a writ of administrative mandamus, but the
trial court denied plaintiff's petition.
Plaintiff appeals, contending that the decision to terminate his
employment was an abuse of discretion.
We affirm the judgment.
FACTS AND PROCEDURAL HISTORY
Plaintiff was a regular, full-time
civil service employee of the Department, classified as a correctional
officer. In September 2006, a
correctional lieutenant filed a report that an inmate was running an operation
to bring tobacco and liquor into the prison.
The report identified plaintiff as the contact who brought in the
contraband for the inmate. Consequently,
on the afternoon of September 16, 2006, prison officials conducted a search of
all incoming personnel as they reported for duty. All staff were asked to put any bags or
lunchboxes on a desk at the sallyport entrance.
As plaintiff entered the institution, he was directed to the search
area. Plaintiff's expression immediately
changed to one of alarm, and he attempted to retrace his steps to the parking
lot. He stated, â€
| Description | Plaintiff and appellant Brent V. Dahlitz appeals his termination as a correctional officer by defendant and respondent California Department of Corrections and Rehabilitation (the Department). Plaintiff first sought administrative review of his termination before defendant and respondent California State Personnel Board (the SPB). Then plaintiff petitioned for a writ of administrative mandamus, but the trial court denied plaintiff's petition. Plaintiff appeals, contending that the decision to terminate his employment was an abuse of discretion. Court affirm the judgment. |
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