United States Ninth Circuit

Partial denial of qualified immunity in a retaliation case is affirmed where: 1) the court lacks jurisdiction to conduct an interlocutory review of a grant of qualified immunity; 2) the court lacks jurisdiction to consider whether plaintiff had third-party standing to defend the First Amendment rights of his attorney; 3) the plaintiff's individual First Amendment rights were violated; and 4) plaintiff's rights were clearly established at the time of the violation.

Appellate Information

• Argued 11/20/2008
• Decided 01/14/2009
• Published 01/14/2009

Judges

• MICHAEL DALY HAWKINS, Circuit Judge:, Before:  RICHARD D. CUDAHY,HARRY PREGERSON, and HAWKINS, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Jin Suk Choi, Franscell, Strickland, Roberts & Lawrence, P.C., Glendale, CA, for the defendants-appellants., D. Jay Ritt, Bensinger, Ritt, Tai & Thvedt, LLP, Pasadena, CA, for the plaintiff-appellee.