United States Ninth Circuit

In a 42 U.S.C. section 1983 action by a police officer alleging that his department violated the First Amendment by failing to promote him because he reported misconduct, the denial of qualified immunity to Defendants is affirmed, where Plaintiff spoke on matters of public concern, and his speech was protected even if it violated department guidelines.

Appellate Information

• Argued 11/20/2008
• Decided 04/27/2009
• Published 04/27/2009

Judges

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

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Jin Suk Choi (presented arguments and authored briefs), Franscell, Strickland, Roberts & Lawrence, Glendale, CA, for the defendants-appellants., Sanjay Bansal (presented arguments) and Michael A. McGill (authored brief), Lackie & Dammeier, Upland, CA, for the plaintiff-appellee.