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HERNANDEZ v. CITY OF PHOENIX

No. 21-16007.

43 F.4th 966 (2022)

Juan HERNANDEZ; Arizona Conference of Police and Sheriffs, an Arizona nonprofit corporation; Mark Schweikert, Plaintiffs-Appellants, v. CITY OF PHOENIX, a municipal corporation; Jeri Williams, in her official capacity as Chief of Police of the Phoenix Police Department; Shane Disotell, in his official capacity as the Commander of the Phoenix Police Professional Standards Bureau, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed August 5, 2022.

Attorney(s) appearing for the Case

Steven J. Serbalik (argued), Steven J. Serbalik PLC, Scottsdale, Arizona, for Plaintiffs-Appellants.

Stephen B. Coleman (argued), Pierce Coleman PLLC, Scottsdale, Arizona, for Defendants-Appellees.

Before: Richard A. Paez, Richard R. Clifton, and Paul J. Watford, Circuit Judges.

OPINION

In 2013, the City of Phoenix's Police Department adopted a new policy governing its employees' use of social media. Among other things, the policy prohibits employees from engaging in speech on social media that would be "detrimental to the mission and functions of the Department," "undermine respect or...

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