face of their clear violation (California) · Go Syfert
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face of their clear violation in California

5 California opinions name it 2 courts 1939–1978 0 in the last five years

The cases below were cited by California courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (2)

CaseFollowedCited
Forstner v. City & County of San Franciscogreen
calctapp · 1966 · cited in 1 California opinions naming this issue, 1978–1978
2 sentences

1978They claim that they had a constitutional right to refuse to answer under the circumstances, but it is certain that they had no constitutional right to remain police officers in the face of their clear violation of the duty imposed upon them.” “In the course of his work, a public officer or employee must yield some of the privileges which are enjoyed by the citizenry at large.” (Forstner v. City etc. of San Francisco (1966) 243 Cal.App.2d 625, 632 [ 52 Cal.Rptr. 621 ].) There can be no doubt that appellant, a correctional officer, whose duty it is to guard and care for the inmates at San Quent

1978They claim that they had a constitutional right to refuse to answer under the circumstances, but it is certain that they had no constitutional right to remain police officers in the face of their clear violation of the duty imposed upon them.” “In the course of his work, a public officer or employee must yield some of the privileges which are enjoyed by the citizenry at large.” (Forstner v. City etc. of San Francisco (1966) 243 Cal.App.2d 625, 632 [ 52 Cal.Rptr. 621 ].) There can be no doubt that appellant, a correctional officer, whose duty it is to guard and care for the inmates at San Quent

11
Board of Education v. Dresden Swangreen
cal · 1953 · cited in 1 California opinions naming this issue, 1954–1954
2 sentences

1954(McAuliffe v. Mayor of New Bedford, 155 Mass. 216 [ 29 N.E. 517 ].) We are of the opinion that such a violation of duty would constitute cause for dismissal even in the absence of any specific rule requiring such officers to give testimony before the grand jury, ...” In the McAuliffe case Mr. Justice Holmes, speaking for the Massachusetts court, succinctly stated the rule: “The petitioner may have a constitutional right to talk politics, but he has no constitutional right to be a policeman.” In the recent case of Board of Education v. Swan, 41 Cal. 2d 546, 556 [ 261 P.2d 261 ], our Supreme Cou

1954(McAuliffe v. Mayor of New Bedford, 155 Mass. 216 [ 29 N.E. 517 ].) We are of the opinion that such a violation of duty would constitute cause for dismissal even in the absence of any specific rule requiring such officers to give testimony before the grand jury, ...” In the McAuliffe case Mr. Justice Holmes, speaking for the Massachusetts court, succinctly stated the rule: “The petitioner may have a constitutional right to talk politics, but he has no constitutional right to be a policeman.” In the recent case of Board of Education v. Swan, 41 Cal. 2d 546, 556 [ 261 P.2d 261 ], our Supreme Cou

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in California. Read the followed side critically anyway.

Also cited on this issue (2)

CaseCitedYears
McAuliffe v. Mayor and Board of Aldermen green
· 1892
2 sentences

1967They claim that they had a constitutional right to refuse to answer under the circumstances, but it is certain that they had no constitutional right to remain police officers in the face of their clear violation of the duty imposed upon them. ( McAuliffe v. Mayor [ etc. of City ] of New Bedford, 155 Mass. 216 [ 29 N.E. 517 ].) We are of the opinion that such a violation of duty would constitute cause for dismissal even in the absence of any specific rule requiring such officers to give testimony before the grand jury, or of any specific rule relating to "conduct unbecoming an officer." That su

1967They claim that they had a constitutional right to refuse to answer under the circumstances, but it is certain that they had no constitutional right to remain police officers in the face of their clear violation of the duty imposed upon them. ( McAuliffe v. Mayor [ etc. of City ] of New Bedford, 155 Mass. 216 [ 29 N.E. 517 ].) We are of the opinion that such a violation of duty would constitute cause for dismissal even in the absence of any specific rule requiring such officers to give testimony before the grand jury, or of any specific rule relating to "conduct unbecoming an officer." That su

41939–1967
Goldsmith v. Board of Education of Sacramento City High School District green
calctapp · 1924
2 sentences

1954(McAuliffe v. Mayor of New Bedford, 155 Mass. 216 [ 29 N.E. 517 ].) We are of the opinion that such a violation of duty would constitute cause for dismissal even in the absence of any specific rule requiring such officers to give testimony before the grand jury, ...” In the McAuliffe case Mr. Justice Holmes, speaking for the Massachusetts court, succinctly stated the rule: “The petitioner may have a constitutional right to talk politics, but he has no constitutional right to be a policeman.” In the recent case of Board of Education v. Swan, 41 Cal. 2d 546, 556 [ 261 P.2d 261 ], our Supreme Cou

1954(McAuliffe v. Mayor of New Bedford, 155 Mass. 216 [ 29 N.E. 517 ].) We are of the opinion that such a violation of duty would constitute cause for dismissal even in the absence of any specific rule requiring such officers to give testimony before the grand jury, ...” In the McAuliffe case Mr. Justice Holmes, speaking for the Massachusetts court, succinctly stated the rule: “The petitioner may have a constitutional right to talk politics, but he has no constitutional right to be a policeman.” In the recent case of Board of Education v. Swan, 41 Cal. 2d 546, 556 [ 261 P.2d 261 ], our Supreme Cou

11954–1954

Where else courts name it

CA 5 (1939–1978) NY 2 (1940–1965)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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