567 F. App'x 498
9th Cir.2014Background
- Plaintiff Prancevic alleges retaliation against him for protected speech by Santa Maria Chief Macagni, resulting in his ban from the police department.
- City of Santa Maria and Chief Macagni allegedly punished Prancevic for his constitutionally protected expression.
- DA officials allegedly transferred Prancevic’s work assignment from Santa Maria to Lompoc in response to his speech.
- The transfer was described as in the context of punishment during a meeting.
- The district court denied qualified immunity; the appellate court reviews the legal issue de novo only to determine whether the facts support a clearly established right.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether defendants violated Prancevic’s First Amendment rights | Prancevic’s speech was a substantial/motivating factor | Facts may not conclusively show First Amendment violation | Qualified immunity denied for Macagni/City on this issue |
| Whether DA officials violated Prancevic’s First Amendment rights via transfer | Transfer was retaliatory punishment for protected speech | Unclear on whether speech caused the transfer under their version | Qualified immunity denied for DA officials on this issue |
Key Cases Cited
- Soranno’s Gasco, Inc. v. Morgan, 874 F.2d 1310 (9th Cir. 1989) (clearly established right to be free of retaliation for protected speech)
- Eng v. Cooley, 552 F.3d 1062 (9th Cir. 2009) (adverse employment action can support First Amendment claim)
- Yartzoff v. Thomas, 809 F.2d 1371 (9th Cir. 1987) (transfer of job duties can constitute adverse action)
- Jeffers v. Gomez, 267 F.3d 895 (9th Cir. 2001) (context of proceedings relevant to immunity)
- Rodis v. City & Cnty. of S.F., 558 F.3d 964 (9th Cir. 2009) (review of summary-judgment on qualified immunity)
- Alston v. Read, 663 F.3d 1094 (9th Cir. 2011) (standard for reviewing purely legal issue under qualified immunity)