Anne Waisgerber v. City of Los Angeles

MEMORANDUM

Anne Waisgerber appeals from the district court’s judgment dismissing with prejudice her action alleging violations of 42 U.S.C. § 1983 and California state law against the City of Los Angeles and Captain Sean Kane of the Los Angeles Police Department (LAPD). Waisgerber claims she was terminated from her position as a volunteer LAPD Reserve Officer because she is a woman and because she exercised her First Amendment rights in challenging a charge of neglect of duty. Waisgerber’s attorney failed to oppose the motion to dismiss or to appear at the hearing because she was dying of brain cancer. Neither the district court nor the parties knew about the attorney’s fatal illness. The district court properly dismissed Waisgerber’s First Amended Complaint. We determine, however, that it is possible the complaint can be saved by amendment. We therefore affirm in part, reverse in part, and remand with instructions to allow Waisgerber to file a Second Amended Complaint.

To state a valid claim under § 1983 for sex discrimination, Waisgerber must be protected by Title VII of the Civil Rights Act of 1964. See Crumpton v. Gates, 947 F.2d 1418, 1420 (9th Cir.1991). Title VII…