Court of appeals rules SFPD can try to discipline text scandal officers

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SAN FRANCISCO (AP/KTVU) -- A California appellate court has ruled that San Francisco Police administrators acted appropriately in delaying disciplinary action against officers caught exchanging racist and homophobic text messages, raising the possibility the officers could face punishment. 

Officer Rain Daughtery sued in 2015 to stop the disciplinary proceedings against him and nine unnamed officers.

A trial court judge cited a California statute of limitations law requiring officers be punished within a year of their transgressions. The judge said the department waited too long before trying to fire the officers.

The Court of Appeal reversed that decision Wednesday, ruling that there are exceptions to the statute of limitations. The unanimous three-judge panel said the department acted appropriately in waiting for the federal corruption probe to end.

The judges sent the case back to the trial court.

"This ruling upholds police departments' ability to coordinate with federal investigators to expose dirty cops and protect the public," said San Francisco's City Attorney Dennis Herrera in a statement on Wednesday. 

Herrera stated he was pleased with the ruling and that the criminal investigation of "abhorrent" police behavior would not be compromised. 

He added, "The court also recognized how damaging these text messages were, noting:
 
'There is no doubt that the public's interest in the integrity of SFPD was undermined by the offensive text messages. The attitudes reflected in these messages displayed unacceptable prejudice against members of the communities SFPD is sworn to protect.'"

Herrera is calling for a "full and fair" disciplinary process.