Michael Fassari is a deputy sheriff III with the San Bernardino County Sheriff’s Department

Michael Fassari is a deputy sheriff III with the San Bernardino County Sheriff’s Department. He is delighted to have successfully concluded the oldest open Legal Defense Fund case. Ten years ago, Fassari was part of a team which was serving a search warrant. During the incident, he was involved in subduing an individual outside of the target residence. Fassari believed that the individual was interfering with the deputies’ ability to enter. After the incident, the suspect complained that Fassari and another deputy had used excessive force in restraining him.

Fassari was subsequently terminated by the Sheriff’s Department for allegedly using excessive force. Silver, Hadden & Silver successfully argued before a hearing officer that Fasarri had behaved appropriately and that all of his actions were within policy. The hearing officer recommended that no discipline be imposed. The Civil Service Commission adopted the hearing officer’s factual findings but concluded that there had been excessive force and imposed a more than two year suspension rather than a termination.

Fassari returned to work. Susan Silver and Bill Hadden of Silver, Hadden & Silver filed a Petition for Writ of Mandate in San Bernardino County Superior Court contending that the suspension was an excessive penalty and an abuse of the Commission’s discretion. The county filed a Cross-Petition claiming that the Commission should have terminated Fassari. Also at issue was the county’s belief that Fassari had promised not to contest the extremely long suspension if he was allowed to return to work.

The petition was filed on April 14, 1993. After a number of procedural delays, the Superior Court agreed with Fassari and ordered the Commission to reverse the suspension and pay to Fassari all back pay and benefits. The county moved for reconsideration and that motion was denied by the court, which also subsequently dismissed the cause of action which claimed that Fassari had promised not to challenge the suspension. The county then brought the matter to the Court of Appeal.

The Fourth Appellate District, in an opinion dated September 8, 2000, upheld the Superior Court decision holding that “the evidence in the administrative record fully supports the trial court’s determination that Deputy Fassari’s actions were reasonable under the circumstances, and did not constitute a use of excessive force”.

Fassari continues as a detective assigned to the Colorado River Station. His career has proceeded smoothly since his return to work in 1993. He looks forward to receiving his back pay and benefits and is happy to know his decision to use force has been vindicated.