First Amendment Retaliation After Police Officers’ Union Activities.

A police officer led a no-confidence vote of the police officers’ union against the police chief. Afterward, when the police officer was due a five percent salary increase, the police chief delayed signing the certification for his increase. The officer brought an action under 42 U.S.C. § 1983 against both the police chief and the city, alleging an unconstitutional First Amendment retaliation for the exercise of First Amendment rights. The trial court granted summary judgment in favor of the defendants. The Ninth Circuit reversed as to the officer’s claim, finding the police officer established a prima facie case of First Amendment retaliation. It affirmed judgment in favor of the city, however, because there was no showing the officer was injured as a result of: 1) an expressly adopted official policy; 2) a longstanding practice or custom; or 3) the decision was made by a final policymaker. Ellins v. City of Sierra Madre (Ninth Cir.; March 22, 2013) (Case No. 11-55213).