Former SLO police officer’s termination upheld

April 18, 2014

policeThe firing of a former San Luis Obispo police officer after he pled guilty to misdemeanor charges of bringing misbranded Mexican prescription drugs into the United States was upheld in court on Thursday.

In his suit, former patrol officer Dan McDow claimed that his rights to due process were violated, the city failed to serve him a copy of its decision to uphold his termination and that the penalty imposed by the city was “patently excessive.” He was seeking to overturn his termination, receive full back pay and reimbursement of all costs associated with his lawsuit.

In 2010, McDow and fellow officer Armando Limon were stopped and detained while reentering the U.S. from the Mexican border town of Tijuana. The officers were attempting to bring more than 800 pills, including both uppers and diet pills, into the United States.

San Luis Obispo Superior Court Judge Martin Tangeman agreed with the city that McDow’s conduct had been unbecoming of an officer and upheld the termination.

Michael Morguess, McDow’s attorney, argued that the city had trumped up allegations McDow that had a history of department policy violations in addition to the federal misdemeanor conviction. Morguess said his client plans to appeal Tangeman’s ruling.

 


6 Comments

  1. LameCommenter says:

    Allow me to be the first clod to mention firefighter Mason. He beats the crap out of a romantic rival, and even though discharged, gets RE-HIRED. This cop gets the boot ?

    We all know cops consider themselves above most laws other than, say, homicide. They badge speeding tickets, badge their loud motorcycle pipes, why can’t they badge the misdemeanor drug thing? I know one officer who jokes that his badge is a “gold misdemeanor credit card”.

    All I’m saying is be consistent, if Mason is back with the weapons of trained fists, let’s bring back this officer and give him a second chance.

    Like or Dislike: Thumb up 5 Thumb down 13

    • unlisted says:

      There’s a big difference between to two. Mason won in court. McDow copped to watered down charges. McDow was guilty of smuggling drugs. While a POS, Mason was legally guilty of nothing.

      Like or Dislike: Thumb up 10 Thumb down 3

    • topper01 says:

      Two wrongs do not make a right!

      Like or Dislike: Thumb up 2 Thumb down 0

  2. Zuma7 says:

    Welcome to Mexico-Norte.

    Like or Dislike: Thumb up 1 Thumb down 2

  3. Theo P. Neustic says:

    The city certainly doesn’t need someone with that much of a lack of judgment on the police force. It would only be a matter of “when”, not “if” he did something else stupid, if not also illegal.

    Like or Dislike: Thumb up 14 Thumb down 1

  4. achillesheal says:

    We need an appellate judge to determine that an officer who was caught smuggling drugs into the country was rightly terminated. Wow! Any chance the fired officer will have to pay the taxpayer’s legal fees? Didn’t think so.

    Like or Dislike: Thumb up 25 Thumb down 2

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