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Case Name Furtado v. State Personnel Board
Date 01/07/2013
Note The 4th District Court of Appeal upheld a decision by the California Department of Corrections and Rehabilitation to medically demote an injured guard to a non-peace officer position as a result of his physical limitations from an off-duty car accident.
Citation D059912
WCC Citation WCC 39712013 CA
FURTADO v. STATE PERSONNEL BOARD BRUCE FURTADO, Plaintiff and Appellant, v. STATE PERSONNEL BOARD et al. , Defendants and Respondents. Alvin Gittisriboongul for Defendants and Respondents California State Personnel Board and Suzanne Ambrose. INTRODUCTION Bruce Furtado appeals from a judgment denying his petition for a writ of mandate directing the California State Personnel Board (SPB) to set aside its order sustaining the decision of California's Department of Corrections and Rehabilitation (the Department) to medically demote Furtado to a non-peace officer position, and not to place Furtado in a newly-created administrative correctional lieutenant peace officer position. The instructor who tested Furtado concluded that Furtado had failed multiple aspects of the test. The instructor gave Furtado an overall rating of "Fail," and noted that Furtado had "very little control over [the] baton when both hands [were] required. "

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