United States Ninth Circuit

In a Due Process challenge to the suspension, without pay, of police officers charged with felonies, judgment of the district court is affirmed in part and reversed in part where: 1) plaintiffs stated Monell claims against County-defendant; 2) all individual defendants are entitled to qualified immunity from the claims of certain plaintiffs as those plaintiffs' rights to a more substantial post-suspension hearing was not clearly established at the time of the violations; and 3) individually-named Civil Service Commissioners are also entitled to qualified immunity from certain claims because the Commission was stripped of jurisdiction by the California Court of Appeal in Zuniga, while claims against the Sheriff and the County Supervisors, who were constitutionally required to provide post-suspension procedures for suspended deputy sheriffs who later retired, are not sheilded by Zuniga.

Appellate Information

• Decided 08/12/2011
• Published 08/12/2011

Judges

• PREGERSON

Court

• United States Ninth Circuit

Counsel