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DESROCHERS v. CITY OF SAN BERNARDINO

No. 07-56773.

572 F.3d 703 (2009)

Michael DESROCHERS; Steve Lowes, Plaintiffs-Appellants, v. CITY OF SAN BERNARDINO; Michael Billdt; Frank Mankin, individually and as Assistant Chief of Police for the San Bernardino Police Department; Brian Boom, individually and as a Lieutenant for the San Bernardino Police Department, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed July 13, 2009.

Attorney(s) appearing for the Case

Michael A. McGill, Lackie & Dammeier APC, Upland, CA, argued the cause for the plaintiffs-appellants and filed the briefs.

James A. Odlum, Mundell, Odlum & Haws, LLP, San Bernardino, CA, argued the cause for the defendants-appellees and was on the brief. James Penman, City Attorney's Office, San Bernardino, CA, was also on the brief.

Opinion by Judge O'Scannlain; Dissent by Judge Wardlaw

O'SCANNLAIN, Circuit Judge:

We must decide whether police officers' complaints about their supervisors' conduct may give rise to a constitutional violation.

I

A

Michael Desrochers and Steve Lowes have been members of the San Bernardino Police Department ("SBPD") for over twenty years. At the time the events at issue in this case occurred, Desrochers was the sergeant in charge of the SBPD Homicide Unit, while Lowes commanded the SBPD Multiple...

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