Allen v. City of Burbank CA2/3
Pete Allen, a former detective with the Burbank Police Department (the Department), appeals from a judgment denying his petition for administrative mandamus. The City of Burbank (the City) discharged Allen for misleading investigators about his knowledge of a suspected unlawful use of force by another officer. Allen filed a writ petition seeking reinstatement, arguing his misleading statements should have been suppressed because they were obtained in violation of his rights under Government Code section 3300 et seq., the Public Safety Officers Procedural Bill of Rights Act (POBRA or the Act). Specifically, Allen asserted the Department interfered with his rights under POBRA by telling him the Act did not apply before interrogating him on matters that could lead to punitive employment action, such as discipline for failing to report another officer’s misconduct.
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