Facing the prospect of an empty home and nothing to fill his days except Nash Bridges reruns on the USA Network, suspended sheriff Ross Mirikarimi asked the San Francisco Superior Court to overturn Mayor Lee's suspension order this morning. Because the alleged misconduct took place on New Year's Eve, two weeks before Mirkarimi was sworn in as Sheriff, his attorney David Waggoner claims Mirkarimi is being wrongfully suspended from an office he didn't hold at the time.

According to Waggoner, the misconduct law is "crystal clear," stating, "an elected official cannot be removed for conduct that occurred before they took office and is not directly related to their job responsibilities." So Mirkarimi's lawyers are arguing Ed Lee violated the letter of the law here, and Ross should be allowed to go back to this $199,000-a-year gig as sheriff. Failing actual reinstatement, Mirkarimi would like to at least be paid while he's sitting out, claiming the unpaid suspension is a violation of of his right to due process.

Previously: All Ross Mirkarimi coverage on SFist
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