Legal Opinion

Gomez v. County of Los Angeles

Court of Appeals for the Ninth Circuit

Decided February 27, 2009No. 07-55815Published

1Opinion of the Court

MEMORANDUM *

The district court did not err in denying Waldie’s motion for summary judgment, because he is not entitled, as a matter of law, to qualified immunity from Gomez’s First Amendment retaliation claim. Taking the facts in the light most favorable to Gomez, as we must on summary judgment, see Jeffers v. Gomez, 267 F.3d 895, 905-06 (9th Cir.2001), Gomez’s speech was a substantial or motivating factor in Waldie’s alleged efforts to block Gomez’s promotion, see, e.g., Schwartzman v. Valenzuela, 846 F.2d 1209, 1212 (9th Cir.1988); Allen v. Scribner, 812 F.2d 426, 434-35 (9th Cir.1987); see…

2Cases cited15 opinions

  1. Mt. Healthy City School District Board of Education v. DoyleSupreme Court of the United States · 1977
  2. Elrod v. BurnsSupreme Court of the United States · 1976
  3. Behrens v. PelletierSupreme Court of the United States · 1996
  4. Branti v. FinkelSupreme Court of the United States · 1980
  5. Hartman v. MooreSupreme Court of the United States · 2006

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