United States Ninth Circuit

In an action against a municipal utility regulator alleging that the agency violated the First Amendment by engaging in adverse action against plaintiff because of his public criticism of defendant's procurement procedures, summary judgment for defendants is vacated where: 1) the city did not "employ" plaintiff in his role as a Small and Local Business Advisory Committee member; and 2) there was evidence that the changes in the procurement process and plaintiff's drop in revenue, were, at least in some measure, retaliation for plaintiff's "expressive conduct."

Appellate Information

• Argued 10/06/2009
• Decided 02/18/2010
• Published 02/18/2010

Judges

• Before WILLIAM A. FLETCHER and RICHARD R. CLIFTON, Circuit Judges, and LOUIS H. POLLAK,Senior District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Patricia J. Barry, Los Angeles, CA, for the appellant.


• For Appellees:
  
• Rockard J. Delgadillo, City Attorney; Richard M. Brown, General Counsel, Water and Power; Lisa S. Berger, Deputy City Attorney, Los Angeles, CA, for the appellees.