DAHLIA v. RODRIGUEZ

No. 10-55978.

735 F.3d 1060 (2013)

Angelo DAHLIA, Plaintiff-Appellant, v. Omar RODRIGUEZ, individually and as a Lieutenant of the Burbank Police Department; Edgar Penaranda, individually and as a Sergeant of the Burbank Police Department; City of Burbank, a municipal corporation; John Murphy, individually and as a Lieutenant of the Burbank Police Department, Defendants-Appellees, and Tim Stehr, individually, Defendant.

United States Court of Appeals, Ninth Circuit.

Filed August 21, 2013.


Attorney(s) appearing for the Case

Michael A. Morguess (argued), Michael A. McGill , and Russell M. Perry of Lackie, Dammeier & McGill, Upland, CA; Scott Michelman and Scott L. Nelson , Public Citizen Litigation Group, Washington, D.C., for Plaintiff-Appellant Angelo Dahlia.

Steven J. Renick (argued) and Eugene P. Ramirez of Manning & Kass, Ellrod, Ramirez, Trester, LLP, Los Angeles, CA, for Defendant-Appellee Jon Murphy.

Ken Yuwiler and Michael Simidjian of Silver, Hadden, Silver, Wexler & Levine, Santa Monica, CA, for Defendant-Appellee Omar Rodriguez.

Michael Logan Rains , Harry S. Stern , and Lara Cullinane-Smith of Rains, Lucia, Stern, PC, Pleasant Hill, CA, for Defendant-Appellee Edgar Penaranda.

Richard R. Terzian of Burke, Williams & Sorensen, LLP, Los Angeles, CA, for Defendant-Appellee City of Burbank.

Michael P. Stone and Muna Busailah of Riverside Sheriffs' Association Legal Defense Trust, Pasadena, CA, for Amicus Curiae Riverside Sheriffs' Association and Riverside Sheriffs' Association Legal Defense Trust.

Before: ALEX KOZINSKI, Chief Judge, and HARRY PREGERSON, STEPHEN REINHARDT, DIARMUID F. O'SCANNLAIN, SUSAN P. GRABER, RICHARD A. PAEZ, MARSHA S. BERZON, JOHNNIE B. RAWLINSON, CONSUELO M. CALLAHAN, CARLOS T. BEA, and MILAN D. SMITH, JR., Circuit Judges.


OPINION

PAEZ, Circuit Judge:

In this case we address the extent to which a police officer retains First Amendment protection when he discloses his fellow officers' misconduct. Angelo Dahlia, a detective in the Burbank Police Department ("BPD"), brought this 42 U.S.C. § 1983 First Amendment retaliation suit against the City of Burbank, the Chief of Police and several other police officers. The district court granted the defendants' motions to dismiss...

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