Suspended San Francisco Sheriff Ross Mirkarimi is trying to get the Superior Court to reinstate him.
San Francisco Mayor Ed Lee suspended Mirkarimi without pay last week on grounds of official misconduct after the sheriff plead guilty to false imprisonment -- a charge stemming from a domestic violence case.
This morning, Mirkarimi's attorney David Waggoner filed a petition for a writ of mandate, arguing Mayor Ed Lee had no right to suspend Mirkarimi because the alleged domestic abuse happened before he became sheriff. The petition also claims the incident didn't happen at work and didn't stop him from doing his job.
"Ultimately, the mayor, exceeded his authority," said Waggoner. "It's without precedent and we're asking the court to overturn the suspension."