Fontanilla

MEMORANDUM AND ORDER

On October 28,1996, plaintiff Romulo Fon-tanilla.brought this action, naming as defendants: the City and County of San Francisco; eight individual employees of the City and County of San Francisco; Dennis J. Shusterman, MD; Service Employees International Union Local 535; and two individual union representatives, Linda Joseph and Seth Shapiro.

In his first amended complaint, plaintiff alleged two causes of action against the City and County of San Francisco (“CCSF”) and the eight individual employees of the City and County of San Francisco (collectively “CCSF defendants”): (1) violation of the Equal Protection and Due Process clauses of the Fourteenth Amendment; and (2) violation of his civil rights. Plaintiff further alleged a violation of his First Amendment right to free speech by defendants Smith, Kuwamoto, Vera and Wald. Plaintiff also alleged municipal liability against CCSF.

In addition, plaintiff alleged two causes of action against Dr. Dennis Shusterman: (1) violation of the Equal Protection and Due Process clauses of the Fourteenth Amendment; and (2) conspiracy to deprive plaintiff of his property interest in his employment and of his First…