Perez v. City of Roseville, No. 15-16430 (9th Cir. 2018)Annotate this Case
Plaintiff filed suit under 42 U.S.C. 1983 against defendants, alleging that her termination from the police department violated her constitutional rights to privacy and intimate association. The Ninth Circuit held that plaintiff has put forth sufficient evidence to survive summary judgment on her section 1983 claim for violation of her constitutional rights to privacy and intimate association. In this case, a genuine factual dispute existed as to whether defendants terminated plaintiff at least in part on the basis of her extramarital affair. Furthermore, these rights were clearly established at the time. Therefore, the panel reversed the district court's grant of qualified immunity on her privacy claim and remanded that claim for further proceedings. The panel affirmed summary judgment on plaintiff's due process claim because any due process rights she might have had were not clearly established at the time of the challenged action, and thus defendants were entitled to qualified immunity. Finally, the panel affirmed summary judgment on plaintiff's sex discrimination claim because the evidence indicated that defendants' disapproval of her extramarital affair, rather than gender discrimination, was the cause of her termination.