Peter Krause was a police officer employed by the City of Westminster. The City terminated Krause’s employment after finding that he had committed misconduct that violated multiple Westminster Police Department policies. Krause challenged the City’s termination decision via a Petition for Writ of Administrative Mandamus under Code of Civil Procedure section 1094.5. After a bench trial on the matter, the Trial Court denied Krause’s Petition and judgment was entered in the City’s favor. Krause appealed the decision of the Trial Court denying the Petition for Writ. On November 25, 2015, the Court of Appeal issued its opinion in the matter. The Court of Appeal affirmed the judgment in favor of the City and also awarded the City its costs on appeal.
Vol. 39 No. 11 THE PRESENCE OF PROBABLE CAUSE FOR ONE CHARGE IN A CRIMINAL PROCEEDING DOES NOT CATEGORICALLY DEFEAT A FOURTH AMENDMENT MALICIOUS-PROSECUTION CLAIM RELATING TO ANOTHER, BASELESS CHARGE
In Chiaverini v. City of Napoleon,[1] the Supreme Court of