Thomas Ostly v. City and County of San Francisco

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS AUG 28 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

THOMAS OSTLY, No. 23-16000

Plaintiff-Appellant, D.C. No. 3:21-cv-08955-EMC

v.

MEMORANDUM *

CITY AND COUNTY OF SAN

FRANCISCO; CHESA BOUDIN,

Defendants-Appellees.

Appeal from the United States District Court for the Northern District of California Edward M. Chen, District Judge, Presiding

Argued and Submitted August 14, 2024 San Francisco, California

Before: GRABER, CALLAHAN, and KOH, Circuit Judges. Partial Dissent and Partial Concurrence by Judge CALLAHAN.

Plaintiff Thomas Ostly worked in an at-will capacity as an Assistant District

Attorney for the San Francisco District Attorney’s Office from 2014 until his

termination in 2020. Plaintiff brought this action against Defendants, the City and

County of San Francisco and former District Attorney Chesa Boudin, alleging

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. claims of First Amendment retaliation; violation…