Thomas v. County of Riverside, No. 12-55470 (9th Cir. 2014)Annotate this Case
Plaintiff and her union appealed the district court's grant of summary judgment on their First Amendment retaliation claims. Defendants cross-appealed a later order denying them attorneys' fees. The court remanded so that the district court could evaluate on a more detailed basis the incidents that it dismissed collectively as "petty workplace gripes" where there was evidence suggesting that some of these actions were taken as part of a more general campaign and hence might in context have greater materiality than when viewed in isolation. The court concluded that plaintiffs carried their burden of production sufficient to survive summary judgment as to the three involuntary transfers at issue. Plaintiffs presented a genuine factual dispute as to whether an internal investigation was retaliatory. Further, the district court erred in determining that defendant County was not subject to Monell liability. Defendants' cross-appeal is moot. The court affirmed in part, reversed in part, and remanded.
The court issued a subsequent related opinion or order on January 8, 2015.