David Shenbaum v. City of Manhattan Beach, 2:22-cv-08062

Plaintiffs David Shenbaum and Timothy O’Brien were firefighters in the Manhattan Beach Fire Department and members of the Manhattan Beach Firefighters Association (MBFA).
In 2018, Plaintiffs participated in a vote of no confidence (VONC) against Fire Department leadership, which they allege led to retaliation by the City of Manhattan Beach.
In 2020, the City entered a new contract altering Battalion Chief compensation; Plaintiffs alleged this was retaliation for their protected speech.
Plaintiffs also alleged further retaliation after filing the present federal lawsuit in 2022, particularly in the process and results of a promotional exam for Division Chief.
The Court previously dismissed several claims, allowing only retaliation claims related to the 2020 contract and post-lawsuit conduct to proceed.
On summary judgment, the Court found Plaintiffs failed to establish necessary elements of First Amendment retaliation, including Monell municipal liability.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the 2020 contract reducing future Battalion Chief pay was an adverse employment action in retaliation for the VONC	The change harmed career prospects and was motivated by retaliation	The contract only affected a position Plaintiffs never held; not adverse	Not an adverse employment action; no causal link
Whether there was a causal connection between the 2018 VONC and the 2020 contract	Circumstances and evidence suggest contract was retaliatory	Two-year delay; lack of opposition evidence; financial justification	No substantial/motivating factor or pretext found
Whether failing Plaintiffs on the Division Chief interview after filing this lawsuit was retaliation	Changes to exam process and results suggest pretext and retaliation	Panelists had no knowledge of lawsuit; poor performance justified result	Plaintiffs failed to prove knowledge/retaliatory purpose
Whether Monell liability attached to the City based on the alleged retaliation	City’s actions and policies were the moving force behind violations	No evidence of municipal custom/policy, final policymaker, or ratification	No Monell liability established

Anderson v. Liberty Lobby, 477 U.S. 242 (1986) (summary judgment standard—genuine issue of material fact)
Celotex Corp. v. Catrett, 477 U.S. 317 (1986) (moving party's burden on summary judgment)
Monell v. Dept. of Social Services, 436 U.S. 658 (1978) (municipal liability framework under §1983)
Garcetti v. Ceballos, 547 U.S. 410 (2006) (First Amendment speech by public employees)
Connick v. Myers, 461 U.S. 138 (1983) (public employee speech—matters of public concern)
Lane v. Franks, 573 U.S. 228 (2014) (scope of public employee's protected speech)
Coszalter v. City of Salem, 320 F.3d 968 (9th Cir. 2003) (adverse employment action standard in First Amendment retaliation)
Pickering v. Board of Educ., 391 U.S. 563 (1968) (balancing test for free speech claims)
Mt. Healthy City Sch. Dist. Bd. of Educ. v. Doyle, 429 U.S. 274 (1977) (but-for causation in retaliation claims)
Brooks v. City of San Mateo, 229 F.3d 917 (9th Cir. 2000) (definition of adverse employment actions)