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San Francisco sheriff challenges his suspension by mayor during city misconduct probe
SAN FRANCISCO (AP) ' San Francisco Sheriff Ross Mirkarimi is challenging his suspension as he faces a misconduct charge stemming from a domestic violence case.
Mirkarimi's attorneys filed a request Tuesday for a judge to review the suspension ordered by Mayor Ed Lee last week.
They argue he can't be suspended over the alleged incident that triggered the criminal case because it happened before Mirkarimi took office.
The sheriff pleaded guilty earlier this month to misdemeanor false imprisonment for a New Year's Eve dispute during which his wife's arm got bruised.
Lee filed official misconduct charges and suspended Mirkarimi after he refused to resign.
Mirkarimi's attorneys say his suspension denies him due process and that the city's definition of official misconduct is unconstitutionally vague.
Lee did not immediately respond to request for comment Tuesday.