United States Ninth Circuit

In a civil rights action brought by a former police officer against a city, and its police department and police chief, alleging that his First Amendment rights were violated when he was terminated for participating in a sexually explicit website with his wife, summary judgment for defendants is affirmed where: 1) whether plaintiff's activities were related to his employment or not, the city could discipline him for those activities without violating his First Amendment rights; 2) privacy and associational claims failed for the same reasons; 3) the chief was entitled to qualified immunity as there was no constitutional violation; and 4) summary judgment on state law claims was proper.

Appellate Information

• Argued 06/11/2007
• Decided 09/05/2007
• Published 09/05/2007

Judges

• Before:  MARY M. SCHROEDER, Chief Judge, WILLIAM C. CANBY, JR., and FERDINAND F. FERNANDEZ, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Keith M. Knowlton, Keith M. Knowlton, L.L.C., Mesa, AZ, for the plaintiffs-appellants.


• For Appellees:
  
• Katherine E. Baker, Green & Baker, Scottsdale, AZ, for the defendants-appellees.