California Court of Appeal

Judgment dismissing plaintiff's suit alleging wrongful termination, violation of 42 U.S.C. section 1983 for deprivation of rights under the First Amendment, and related claims, is affirmed, where: 1) plaintiff has failed to show that she should be permitted to amend her complaint to add a personal-capacity claim against the defendant Superintendent; 2) no private right of action exists under the freedom of speech provisions of section 2(a) of the California Constitution; 3) the injunctive relief that plaintiff seeks is not available under the Constitution, section 2(a); 4) the alleged torts are barred under Government Code section 815; and 5) the demurrer to the punitive damages claim was also properly sustained.

Appellate Information

• Decided 06/03/2013
• Published 06/03/2013

Judges

• CHAVEZ

Court

• California Court of Appeal

Counsel