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Mayor Ed Lee had right had right to suspend Sheriff Ross Mirkarimi, city attorney says

San Francisco Mayor Ed Lee (left) speaks during a news conference Tuesday, March 20, 2012, in San Francisco. Lee says he will file an official misconduct charge against Sheriff Russ Mirkarimi (right). AP Photo/Ben Margot

San Francisco Mayor Ed Lee (left) speaks during a news conference Tuesday, March 20, 2012, in San Francisco. Lee says he will file an official misconduct charge against Sheriff Russ Mirkarimi (right).
AP Photo/Ben Margot

(CBS/AP) SAN FRANCISCO - San Francisco's city attorney says Mayor Ed Lee had the right to suspend the sheriff after the law enforcement official pleaded guilty in a domestic violence case involving his Venezuelan actress wife.

Sheriff Ross Mirkarimi has filed a lawsuit against the city to get his job back after he was suspended following his guilty plea.

He says he shouldn't have been suspended since the incident occurred before he was sworn into office.

However, City Attorney Dennis Herrera disputed that in court papers Monday, saying that if Mirkarimi were right, there would be a period of complete immunity for elected officials between the time they are elected and when they take office.

Mirkarimi was accused of bruising Eliana Lopez's arm on New Year's Eve. He pleaded guilty last month to misdemeanor false imprisonment.

Complete coverage of Ross Mirkarimi on Crimesider

  • Crimesider Staff

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