Legal Opinion

Weisbuch v. County of Los Angeles

Court of Appeals for the Ninth Circuit

Decided July 11, 1997No. 94-56497PublishedCited by 56 opinions

1Opinion of the Court

Opinion by Judge KLEINFELD; Partial Concurrence and Partial Dissent by Judge FLETCHER.

KLEINFELD, Circuit Judge.

We affirm the dismissal of a claim by a demoted medical director that his change in rank was unconstitutional retaliation for protected speech.

FACTS

The complaint was dismissed for failure to state a claim upon which relief could be granted, under Federal Rule of Civil Procedure 12(b)(6). We therefore determine whether, if the factual averments of the complaint were proved, they would establish a cause of action. National Wildlife Federation v. Espy, 45 F.3d 1337, 1340 (9th Cir.1995);…

2Cases cited25 opinions

  1. Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
  2. Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
  3. Pembaur v. City of CincinnatiSupreme Court of the United States · 1986
  4. Pickering v. Board of Ed. of Township High School Dist. 205, Will Cty.Supreme Court of the United States · 1968
  5. Connick Ex Rel. Parish of Orleans v. MyersSupreme Court of the United States · 1983

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3Cited by56 opinions

  1. Christie v. IopaCourt of Appeals for the Ninth Circuit · 1999
  2. McVey v. StacyCourt of Appeals for the Fourth Circuit · 1998
  3. Everett Perry v. Kenneth McGinnisCourt of Appeals for the Sixth Circuit · 2000
  4. Dill v. City of EdmondCourt of Appeals for the Tenth Circuit · 1998
  5. 97 Cal. Daily Op. Serv. 5500, 97 Daily Journal D.A.R. 8912 Jonathan Weisbuch v. County of Los Angeles, a Public Entity and Political Subdivision of the State of California Robert C. Gates Yvonne B. Burke Gloria Molina Edward D. Edelman Michael D. Antonovich Deane DanaCourt of Appeals for the Ninth Circuit · 1997

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