Perez v. City of Roseville, No. 15-16430 (9th Cir. 2019)Annotate this Case
The Ninth Circuit filed an order withdrawing the opinion and concurring opinion filed on February 9, 2018, and issued a new opinion and dissenting opinion.
The panel affirmed the district court's grant of summary judgment for defendants in an action brought by a former probationary police officer alleging claims under 42 U.S.C. 1983. The panel held that the individual defendants were entitled to qualified immunity on plaintiff's claim of violation of her rights to privacy and intimate association, because it was not clearly established that a probationary officer's constitutional rights to privacy and intimate association are violated if a police department terminates her due to her participation in an ongoing extramarital relationship with a married officer with whom she worked, where an internal affairs investigation found that the probationary officer engaged in inappropriate personal cell phone use in connection with the relationship while she was on duty, resulting in a written reprimand for violating department policy.
Circuit precedent also did not clearly establish that there was a legally sufficient temporal nexus between the individual defendants' allegedly stigmatizing statements and plaintiff's termination. Therefore, the individual defendants were entitled to qualified immunity on plaintiff's claim that the lack of a name-clearing hearing violated her due process rights. Finally, plaintiff conceded that her sex discrimination claims were not actually based on her gender.
This opinion or order relates to an opinion or order originally issued on February 9, 2018.