United States Ninth Circuit

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Dahlia v. Rodriguez, 10-55978

The district court's dismissal of a 42 U.S.C. 1983 action brought by plaintiff-police officer who alleged that he was placed on administrative leave in retaliation for disclosing fellow officers' misconduct is reversed and remanded, where: 1) Huppert v. City of Pittsburg, 574 F.3d 696 (9th Cir. 2009) is overruled; 2) after Garcetti v. Ceballos, 547 U.S. 410 (2006), courts must make a "practical" inquiry when determining the scope of a government employee's professional duties and that Huppert erred in concluding that California broadly defines police officers' duties as a matter of law for the purpose of First Amendment retaliation analysis; and 3) placement on administrative leave can constitute an adverse employment action.

Appellate Information

  • Decided 08/21/2013
  • Published 08/21/2013

Judges

  • PAEZ

Court

  • United States Ninth Circuit

Counsel


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