Keeley v. City of Modesto

DEIRUP, J., pro tem.

Petitioner has appealed from a judgment denying a writ of mandate to reinstate him as captain of police after he had been discharged by the chief of police of Modesto. It is alleged in the petition that “said discharge was arbitrary and without cause and said petitioner was entitled and is now entitled to be employed by the City of Modesto as Captain of Police under the terms of the charter of the City of Modesto, and by law, and that his discharge was illegal and void”.

The charter in question gives the chief of police power “to suspend or remove any members of the police…