Bahra v. County of San Bernardino, No. 18-55789 (9th Cir. 2019)
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Plaintiff filed suit alleging that CFS and two of its employees fired him from his position as a social services practitioner in retaliation for his whistleblowing activities, in violation of California Labor Code section 1102.5 and 42 U.S.C. 1983. The County's Civil Service Commission upheld the termination and denied plaintiff's appeal, and the district court dismissed the action.
The Ninth Circuit held that the Commission's order did not preclude plaintiff's section 1102.5 claim for retaliation in light of Taswell v. Regents of Univ. of Cal., 232 Cal. Rptr. 3d 628, 643 (Ct. App. 2018). In Taswell, the California Court of Appeal applied a legislative-intent exception and held that administrative findings by a state agency do not preclude claims for retaliation brought under section 1102.5. However, the panel's conclusion regarding legislative intent did not extend to plaintiff's claim under section 1983, which was precluded by the Commission's order. In this case, plaintiff had a full opportunity to litigate the propriety of his termination before the administrative agency, as evidenced by the comprehensive evidentiary record and the availability of judicial review. Accordingly, the panel affirmed in part, reversed in part, and remanded.
Court Description: Civil Rights. The panel affirmed in part and reversed in part the district court’s summary judgment in favor of San Bernardino County Department of Children and Family Services defendants in an action brought pursuant to 42 U.S.C. § 1983 and state law alleging that defendants fired plaintiff from his post as a social services practitioner in retaliation for his whistleblowing activities. Plaintiff challenged his termination, unsuccessfully, through an appeal to the County’s Civil Service Commission and subsequently filed the present action. The district court granted summary judgment for defendants, holding in part, that plaintiff’s claims for retaliation under California Labor Code section 1102.5 and 42 U.S.C. § 1983 were barred by claim preclusion and issue preclusion. The panel first held that the Commission’s order sustaining plaintiff’s dismissal did not preclude plaintiff’s section 1102.5 claim for retaliation. The panel noted that although in California decisions by administrative agencies BAHRA V. CTY. OF SAN BERNARDINO 3 typically have preclusive effect, the California Court of Appeal recently applied a legislative-intent exception and held that administrative findings by a state agency do not preclude claims for retaliation brought under section 1102.5. See Taswell v. Regents of Univ. of Cal., 232 Cal. Rptr. 3d 628, 643 (Ct. App. 2018). The panel concluded that defendants had failed to persuade it that the Taswell court misapplied California law such that the California Supreme Court would disagree with Taswell’s reasoning or conclusion. The panel’s conclusion regarding legislative intent did not extend to plaintiff’s claim under § 1983. The panel noted that plaintiff did not argue that giving an administrative proceeding preclusive effect in a later § 1983 action was contrary to legislative intent, and the panel declined to conduct that analysis sua sponte. The panel held that plaintiff had a full opportunity to litigate the propriety of his termination before the administrative agency, as evidenced by the comprehensive evidentiary record and the availability of judicial review. The panel concluded that plaintiff’s § 1983 claim was precluded by the Commission’s order and affirmed the district court’s ruling on this claim.
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