763 F.3d 1167
9th Cir.2014Background
- Thomas, a county employee, and her labor union allege First Amendment retaliation for protected speech.
- The district court dismissed over 30 adverse actions as petty or non-actionable.
- The panel reverses in part, remanding for fuller consideration of several incidents.
- Three involuntary transfers and three internal investigations are pivotal to the retaliation claim.
- The district court erred in ruling County could not be liable under Monell for final policymaker actions.
- Cross-appeal on attorneys’ fees is moot.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether adverse actions were sufficiently retaliatory | Thomas; transfers and investigations show retaliation | County; actions were non-retaliatory and business-like | Remand for full evaluation of six adverse actions; some may be retaliatory |
| Whether transfers and investigations could be pretextual | Transfers/Investigations linked to protected speech | Justifications were legitimate or not pretextual | Material factual disputes survive summary judgment for some transfers/investigations |
| Monell liability for final policymaker authority | Policy delegation to Sheriff’s Department supports Monell | No delegation shown | Reversal/remand to assess Monell under delegation theory |
| Whether the district court’s denial of attorneys’ fees was ripe or moot | Fees appropriate if prevail | Cross-appeal moot | Cross-appeal moot; need remand for fee ruling under proper standard |
Key Cases Cited
- Mt. Healthy City Sch. Dist. Bd. of Educ. v. Doyle, 429 U.S. 274 (1977) (burden-shifting standard for causation in retaliation cases)
- Coszalter v. City of Salem, 320 F.3d 968 (9th Cir. 2003) (even minor acts can infringe First Amendment rights depending on context)
- Burlington Northern & Santa Fe Ry. Co. v. White, 548 U.S. 53 (2006) (retaliation analysis; retaliation actions may deter speech even if minor)
- Monell v. Dep’t of Soc. Servs., 436 U.S. 658 (1978) (municipal liability for official policy or custom)
- Allen v. Iranon, 283 F.3d 1070 (9th Cir. 2002) (Mt. Healthy framework applied illustrates causation opinion)
- Ulrich v. City & Cnty. of S.F., 308 F.3d 968 (9th Cir. 2002) (remand for Monell delegation questions)
- Webb v. Sloan, 330 F.3d 1158 (9th Cir. 2003) (Monell/policymaker considerations in municipal liability)