Schmidt v. Contra Costa County, et al, No. 11-15563 (9th Cir. 2012)
Annotate this CasePlaintiff filed suit under 42 U.S.C. 1983, alleging that she broke an unwritten rule and suffered the consequences when she challenged a sitting superior court judge for his seat in a local election while she was serving as a temporary superior court commissioner. The court concluded that, while the timing and targeted effect of the superior court's policy were suspicious, the court did not reach the merits of plaintiff's federal or state law retaliation claims because the judges of the superior court's Executive Committee enjoyed legislative immunity for their decision to alter the minimum qualifications to serve as a temporary commissioner. Therefore, the court affirmed the district court's grant of summary judgment to defendants.
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