Legal Opinion

Nunez v. City of Los Angeles

Court of Appeals for the Ninth Circuit

Decided June 5, 1998No. 97-55139PublishedCited by 238 opinions

1Opinion of the Court

O’SCANNLAIN, Circuit Judge:

We must decide whether a Los Angeles police officer has a constitutionally protected property or liberty interest in promotion to higher rank.

I

The Los Angeles Police Department (“LAPD”) administers an examination for police officers who wish to be promoted to the position of lieutenant. The test contains written and oral components. If a candidate scores high enough — 65% on the written portion and 70% overall — his or her name is added to a list of qualified prospects. The list is organized by bands, or groups, of scores; the Chief of Police must exhaust the…

2Cases cited39 opinions

  1. Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
  2. Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
  3. Albright v. OliverSupreme Court of the United States · 1994
  4. Cleveland Board of Education v. LoudermillSupreme Court of the United States · 1985
  5. Perry v. SindermannSupreme Court of the United States · 1972

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3Cited by238 opinions

  1. Herman Resnick v. Warden Hayes Lt. Ernst Officer Myers (Dho) Counselor Aune Officer WadeCourt of Appeals for the Ninth Circuit · 2000
  2. Patricia A. Brooks v. City of San Mateo, a Municipal Order and Corporation San Mateo Police Department John Stangl, Chief of Police Steven SelvaggioCourt of Appeals for the Ninth Circuit · 2000
  3. Corales v. BennettCourt of Appeals for the Ninth Circuit · 2009
  4. Gilbrook v. City of WestminsterCourt of Appeals for the Ninth Circuit · 1999
  5. John R. Ulrich, Jr., M.D. v. City and County of San Francisco Laguna Honda Hospital Maria v. Rivero, M.D. Theresa Berta, M.D. Melissa Welch, M.D.Court of Appeals for the Ninth Circuit · 2002

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