Michael Fassari is a
deputy sheriff III with the San Bernardino County Sheriff's Department.
He is delighted to have successfully concluded the oldest open Legal
Defense Fund case. Ten years ago, Fassari was part of a team which was
serving a search warrant. During the incident, he was involved in
subduing an individual outside of the target residence. Fassari believed
that the individual was interfering with the deputies' ability to enter.
After the incident, the suspect complained that Fassari and another
deputy had used excessive force in restraining him.
Fassari was subsequently
terminated by the Sheriff's Department for allegedly using excessive
force. Silver, Hadden & Silver successfully argued before a hearing
officer that Fasarri had behaved appropriately and that all of his
actions were within policy. The hearing officer recommended that no
discipline be imposed. The Civil Service Commission adopted the hearing
officer's factual findings but concluded that there had been excessive
force and imposed a more than two year suspension rather than a
termination.
Fassari returned to work.
Susan Silver and Bill Hadden of Silver, Hadden & Silver filed a Petition
for Writ of Mandate in San Bernardino County Superior Court
contending that the suspension was an excessive penalty and an abuse of
the Commission's discretion. The county filed a Cross-Petition
claiming that the Commission should have terminated Fassari. Also at
issue was the county's belief that Fassari had promised not to contest
the extremely long suspension if he was allowed to return to work.
The petition was filed on
April 14, 1993. After a number of procedural delays, the Superior Court
agreed with Fassari and ordered the Commission to reverse the suspension
and pay to Fassari all back pay and benefits. The county moved for
reconsideration and that motion was denied by the court, which also
subsequently dismissed the cause of action which claimed that Fassari
had promised not to challenge the suspension. The county then brought
the matter to the Court of Appeal. The Fourth Appellate District, in an
opinion dated September 8, 2000, upheld the Superior Court decision
holding that "the evidence in the administrative record fully
supports the trial court's determination that Deputy Fassari's actions
were reasonable under the circumstances, and did not constitute a use of
excessive force".
Fassari continues as a
detective assigned to the Colorado River Station. His career has
proceeded smoothly since his return to work in 1993. He looks forward to
receiving his back pay and benefits and is happy to know his decision to
use force has been vindicated.
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