C.A. 2nd;
B268266

The Second Appellate District reversed a judgment. The court held that although a city could not consider the race of its police officers in deciding whether or not to return them to the field following a fatal shooting, it could consider the victim's race and the political implications of allowing the officers to resume field work after shooting an unarmed African-American.

City of Los Angeles police officers George Diego and Allan Corrales were involved in the fatal shooting of a young, unarmed, autistic, African-American man. Following an investigation, both officers received reprimands, the lowest form of punishment within the department, continued to receive their full salary, less a “patrol bonus,” but were not allowed to return to the field. Their loss of field certification resulted in their being denied multiple opportunities for promotion, as well as their being ineligible for various off-duty jobs. At about the same time as the Diego/Corrales shooting, a Caucasian officer was involved in the fatal shooting of a Hispanic man. He was removed from field work for six weeks only. Diego and Corrales sued the city, alleging that they suffered disparate treatment because they were Hispanic and the victim was African-American.