United States Ninth Circuit
Mulligan v. Nichols, 14-55278
In an action brought pursuant to 42 U.S.C. section 1983 and state law alleging that Los Angeles police officers together with City of Los Angeles officials and the police officers' union retaliated against him for exercising his First Amendment rights, the district court's summary judgment and judgment entered following a jury trial in favor of defendants are affirmed where: 1) the statements allegedly made by defendants against plaintiff were not sufficiently adverse to support a claim of First Amendment retaliation, because although plaintiff's reputation was undoubtedly damaged by the increased media attention, which eventually resulted in the loss of his job, such reputational harm is not actionable under section 1983 unless it is accompanied by some more tangible interests; and 2) on the state law negligence claim, the causal relationship between the allegedly negligent pre-force conduct of police officers and the later use of force was too attenuated.
Appellate Information
- Decided
- Published 2016/08/29
Judges
- CLIFTON
Court
- United States Ninth Circuit