Legal Opinion

Antonio A. Andrade v. City of Phoenix and Lawrence Wetzel, Clifford D. Fugate and Robert Dennis Barnhart v. Phoenix Civil Service Board

Court of Appeals for the Ninth Circuit

Decided October 12, 1982No. 80-5426, 81-5150PublishedCited by 27 opinions

1Per curiam

Police officers Andrade, Fugate and Barnhart were suspended by the Phoenix police department (the department) for engaging in sexual relations with women who were not their wives. Disciplinary action against Andrade was based upon charges of commission of a crime and immorality, both of which designated adultery as the underlying offensive conduct. Fugate and Barn-hart were charged, in addition, with neglect of duty and conduct unbecoming an officer or which tends to bring discredit upon the department. The crime and immorality charges against Fugate designated adultery as the underlying…

2Cases cited10 opinions

  1. Railroad Comm'n of Tex. v. Pullman Co.Supreme Court of the United States · 1941
  2. Commissioner v. Estate of BoschSupreme Court of the United States · 1967
  3. West v. American Telephone & Telegraph Co.Supreme Court of the United States · 1940
  4. Richard D. Meehan v. John W. MacY Jr., Chairman, Civil Service CommissionCourt of Appeals for the D.C. Circuit · 1968
  5. Gurley v. RhodenSupreme Court of the United States · 1975

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3Cited by27 opinions

  1. Kottmyer v. MaasCourt of Appeals for the Sixth Circuit · 2006
  2. Owen v. United StatesCourt of Appeals for the Ninth Circuit · 1983
  3. Frank K. Kotarski v. V.L. Cooper, A.E. Navarro, W.J. Tinston, J.H. Kirkpatrick, Naval Air Rework Facility, Capt. P.A. Monroe, in His Official CapacityCourt of Appeals for the Ninth Circuit · 1986
  4. Cronin v. Town of AmesburyDistrict Court, D. Massachusetts · 1995
  5. Mangold v. California Public Utilities CommissionCourt of Appeals for the Ninth Circuit · 1995

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