Nevada County Board of Supervisors Reinstates Officer

STEVEN W. WELTY
Senior Associate Attorney
Mastagni Holstedt, APC

Correctional Officer Britt Broadhurst’s colleagues are welcoming him back to work after the Nevada County Board of Supervisors ordered Broadhurst reinstated. In reaching its decision, the board all but adopted Administrative Law Judge Karen J. Brandt’s entire proposed decision overturning Broadhurst’s dismissal.

On September 13, 2012, Broadhurst worked his booking office assignment at Wayne Brown Correctional Facility. During Broadhurst’s shift, a police officer brought in an aggressive arrestee on multiple charges. Noticeably under the influence, the arrestee refused to submit to a blood test. The arrestee’s increasing hostility required a cadre of officers to attempt to subdue him for the forced blood draw.

With six officers present, and only the arrestee’s head and hands secured, Broadhurst noticed combative movement by the arrestee. The arrestee kept tensing up and arching his back. Concurrently, the arrestee started shifting his legs. Broadhurst saw the movements as threatening. Thinking the arrestee would kick and attack the officers, Broadhurst feared for everyone’s safety. After two verbal warnings, Broadhurst tased the arrestee. The arrestee then stopped resisting, which effectively allowed the forced blood draw.

The County recommended termination after completing its investigation. Sheriff Keith Royal agreed, firing Broadhurst for using excessive force. Sheriff Royal did not find Broadhurst’s actions to be objectively reasonable given the totality of the circumstances. Grasping at straws, the County’s charges went so far as to allege insubordination by Broadhurst.

The County did its best to tarnish Broadhurst’s prior employment record but failed to provide any evidence against Broadhurst’s work history. The County did not even show how Broadhurst violated department policy.

After three days of the hearing, Broadhurst won his job back. In doing so, Broadhurst established several mitigating factors. Broadhurst showed that he had a solid employment record with no prior discipline. One fellow officer testified that Broadhurst was “as good as” any other officer, while a former co-worker testified that Broadhurst was a good, calm officer having a “good rapport with the inmates.” Absent from Broadhurst’s record was any previous use-of-force issues.

At the hearing, Broadhurst left no doubt that he feared for the safety of his fellow officers. Observing the arrestee as he prepared to kick the restraining officers, Broadhurst only had seconds to act to protect his colleagues’ safety. Following Broadhurst’s defensive actions, the officers restrained the arrestee. Most importantly, each officer left the incident unharmed.

Expert witness Don Stuart Cameron’s testimony deemed Broadhurst’s actions appropriate. Cameron trains at the basic academy. He also certifies instructors. Based on the incident’s video recording, Cameron testified that the arrestee actively resisted. Cameron explained that active resistance allows for holds and the use of devices to secure compliance. The arrestee’s active resistance became assaultive when he began moving his legs, preparing to kick the officers. Cameron testified that Broadhurst did not have to wait for a kick to use force, and that preemptive action was acceptable given the circumstances.

Cameron’s assessment of Broadhurst’s defensive actions aligns with California Penal Code Section 835a. Under that Penal Code section, an officer does not lose his right to self-defense when using reasonable force to overcome aggression. And the case law is clear that we cannot play Monday morning quarterback when evaluating a peace officer’s use of force. Any evaluation of Broadhurst’s force can only be made on what Broadhurst himself saw and experienced during the incident. Thus, Cameron found Broadhurst’s actions to be objectively reasonable.

Judge Brant called for Broadhurst’s reinstatement in her proposed decision. The proposed decision also awarded significant back pay. The board agreed with Judge Brant but withheld Broadhurst’s back pay. The County failed to cite anything supporting its insubordination claim against Broadhurst. Both Judge Brandt and the board recognized such a lack of evidence by entirely dismissing the insubordination claim. In fact, Judge Brandt and the board both recognized Broadhurst’s sincere fear for his fellow officers’ safety.

Broadhurst will continue to pursue his legal options to recover the back pay.

About the Author

Steven W. Welty of Mastagni Holstedt, APC, represented Broadhurst throughout the disciplinary process. Welty is an experienced litigator and a former Yuba City police officer. He focuses his practice in labor and employment representation, fitness for duty, and labor and retirement litigation.