Stuessel v. City of Glendale

In Stuessel v. City of Glendale (1983) 141 Cal. App. 3d 1047, the Glendale Police Department ordered one of its officers, who was in extremely poor physical condition, not to carry a firearm, prohibited him from making arrests, and assigned him to a desk job. The officer sought a disability retirement, citing these restrictions, but the city refused to grant the retirement. ( Id. at pp. 1049-1050.) In upholding the city's decision, the Court of Appeal held that a peace officer employee who retains his classification as a peace officer, maintains the same salary and benefits, and has the same promotional opportunities as other officers, may nevertheless be placed in an assignment where he does not have a right to carry a firearm or make arrests. ( Stuessel, supra, 141 Cal. App. 3d at p. 1051.) The Stuessel court specifically rejected the officer's claim that he had a vested right as a peace officer to carry a firearm and to exercise his peace officer power to arrest. ( Stuessel, supra, 141 Cal. App. 3d at p. 1053.) The court held that "a police officer, as a peace officer, has no fundamental or vested right to carry a firearm or exercise the power to make arrests where, as here, there is a proper medical reason involving his own safety and that of the public for removing those rights." ( Id. at p. 1054.) The court subsequently emphasized that "We expressly conclude that the right to carry a firearm, whether concealed or not, is not a fundamental or vested right of a police officer incapacitated from doing so without danger to that officer or the public." (Ibid.)