Legal Opinion · Dissent

Headley v. Baron

District Court of Appeal of Florida

Decided May 28, 1968No. 67-932Published

1DissentPearson, Judge

My dissent is based upon my view that the appellee’s constitutional rights were not involved in the disciplinary proceedings before the Civil Service Board. I would hold that a person has no constitutional right to employment as a policeman. Cf. Jones v. Board of Control, Fla.1961, 131 So.2d 713; City of Miami v. Kellum, Fla.App.1962, 147 So.2d 147.

The immunity statute, § 932.29, Fla.Stat., F.S.A., does not by its express terms include the right to continuance of public employment. It does provide that “ * * no person shall be prosecuted or subjected to any penalty or forfeiture for or on…

2Cases cited4 opinions

  1. Jones v. Board of ControlSupreme Court of Florida · 1961
  2. The Florida Bar v. MassfellerSupreme Court of Florida · 1964
  3. City of Miami v. KellumDistrict Court of Appeal of Florida · 1962
  4. State ex rel. Arnold v. Revels ex rel. Volusia CountySupreme Court of Florida · 1957

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