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ELLINS v. CITY OF SIERRA MADRE

No. 11-55213.

710 F.3d 1049 (2013)

John ELLINS, Plaintiff-Appellant, v. CITY OF SIERRA MADRE, A Municipality; Marilyn Diaz, Individually and as Chief of Police, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed March 22, 2013.

Attorney(s) appearing for the Case

Michael A. Morguess , and Carolina V. Diaz , Lackie, Dammeier & McGill, APC, Upland, CA, for Plaintiff-Appellant.

Elizabeth M. Kessel and Scott E. Boyer , Kessel & Associates, Los Angeles, CA, for Defendants-Appellees.

Opinion by Judge WARDLAW; Concurrence by Judge RAWLINSON.

OPINION

WARDLAW, Circuit Judge:

John Ellins, a police officer for the City of Sierra Madre, led a no-confidence vote of the police officers' union against the Chief of Police, Marilyn Diaz. Diaz subsequently delayed signing an application for a certification that, when issued, would have entitled Ellins to a five percent salary increase. Ellins brought suit under 42 U.S.C. § 1983 against Diaz and the City of Sierra Madre (collectively, "Defendants"...

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