Austin v. City of Santa Monica

John Austin, a policeman of the City of Santa Monica, sues in his own right and on behalf of all policemen and firemen of the city for a declaration of their rights to sick leave benefits as members of their respective departments. The case was tried upon stipulated facts, judgment was in favor of the city and plaintiff appeals.

As a member of the police department plaintiff was entitled to sick leave benefits at full pay measured in weeks and proportioned to his years of service. He was also entitled to workmen’s compensation while disabled in performance of his services. 1

Plaintiff’s rights…