Court Upholds Deputy’s Firing

A Ventura County sheriff’s deputy fired for conducting an unauthorized investigation in which he took photographs of a Moorpark woman’s bare chest has failed to win his job back.

In a decision handed down Tuesday, the 2nd District Court of Appeal in Ventura ruled that Deputy Bernard McMahon abused his authority when he photographed a woman after persuading her to partly disrobe.

McMahon, a five-year sheriff’s veteran who was fired in September, 1991, had asked the court to uphold a recommendation of the county Civil Service Commission, which suggested a 30-day suspension for the officer.

Both the Sheriff’s Department and a Ventura County judge had determined that McMahon deserved to be fired.

The incident occurred in October, 1990, when the woman called authorities after being punched and kicked by her brother.

McMahon and another deputy responded and arrested the brother. McMahon told the victim he needed to take pictures of her injuries but that he was out of film.

McMahon returned to the house without the other deputy later that day and photographed the woman’s arm, neck, face and leg. She initially resisted his efforts to allow him to take pictures of her back and chest, but eventually did so after being persuaded the photos were a necessary part of the investigation, the appeals decision said.

In firing McMahon, sheriff’s officials said he abused his authority and had a history of sexual-harassment complaints from female inmates in the Ventura County Jail.