Stewart v. City of Pismo Beach

Stewart v. City of Pismo Beach (1995) 35 Cal.App.4th 1600 involved a police officer who worked for the city. He had participated in undercover investigations which were focused on a bar and lounge. The owner of the bar sued the city and the officer for selective prosecution and harassment, and the city defended the officer. At one point during the lawsuit, without consulting the city's attorneys, the officer agreed to an interview with an investigator who worked for the bar's owner. The officer agreed to sign a document admitting several facts that were extremely damaging to the city's case. In return, the bar's owner agreed to dismiss his claims against the officer. The Court of Appeal held that under Government Code sections 825 and 995.2 the city could withdraw its defense of the officer because he had created a conflict of interest by failing to cooperate in the defense of the lawsuit. (35 Cal.App.4th at pp. 1607-1608.)