Peter Turner v. City & County of San Francisco
788 F.3d 1206
9th Cir.2015Background
- Turner was hired by San Francisco DPW after civil-service exams but told on his first day he was a "temporary exempt employee," not a permanent civil-service hire; he alleges he would not have taken the job if he'd known.
- Turner claims DPW manager Storrs and others misused temporary exempt status to perform core work, denied Turner promotion, and used hiring to favor handpicked, less-qualified workers.
- Turner complained internally (staff meetings, union meetings, meetings with supervisors and HR) about unlawful hiring/use of temporary exempt employees and alleged a broader scheme to underbid work and misuse mapping fees.
- After voicing concerns, Turner alleges he was punished (assigned menial map-checking), blocked from promotions, summoned to a hostile meeting, then fired; he claims retaliation and blacklisting.
- Turner filed multiple amended complaints in state then federal court asserting, among other claims, a § 1983 First Amendment retaliation claim; the district court dismissed his claims with prejudice under Rule 12(b)(6) for failing to allege protected speech.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Turner engaged in "protected speech" as a public employee under the First Amendment | Turner argued his complaints about unlawful hiring/use of temporary exempt employees implicated matters of public concern (civil-service compliance, possible public fund misuse) and thus were protected | City argued Turner’s statements were internal, arose from private employment grievances, and did not address matters of public concern | Court held Turner’s speech was not protected — it was driven by personal personnel grievances and made in internal forums, not as citizen speech on public matters |
| Whether Turner pleaded facts sufficient for § 1983 retaliation under Rule 12(b)(6) | Turner contended he alleged facts supporting retaliation motivated by his complaints | City maintained the complaint lacked factual allegations showing protected speech and thus failed to state a claim | Court affirmed dismissal under Rule 12(b)(6) — Turner failed to plead a plausible First Amendment claim |
Key Cases Cited
- Connick v. Meyers, 461 U.S. 138 (speech by public employees is protected only when made as a citizen on a matter of public concern)
- Garcetti v. Ceballos, 547 U.S. 410 (distinguishing speech pursuant to official duties from citizen speech)
- Desrochers v. City of San Bernardino, 572 F.3d 703 (speech about individual personnel disputes is generally not of public concern)
- Coszalter v. City of Salem, 320 F.3d 968 (elements of a public-employee First Amendment retaliation claim)
- Lambert v. Richard, 59 F.3d 134 (speech at a public forum and as a union representative can be protected)
- Ashcroft v. Iqbal, 556 U.S. 662 (pleading standard: factual content must permit reasonable inference of liability)
