Bardzik

FINAL ORDER DENYING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT OR SUMMARY ADJUDICATION

Defendants County of Orange, et al. (collectively, the “Orange County Defendants”) move for summary judgment or summary adjudication against Plaintiff Jeff Bardzik (“Bardzik”). Bardzik opposes the motion. The motion is denied.

I. BACKGROUND

Michael Carona (“Carona”) was elected Orange County Sheriff in 1998. In November 2003, Carona asked Lieutenant Bardzik to serve as Reserve Division Commander. During the 2006 elections, Bardzik supported a challenger, Bill Hunt, for Sheriff of the Orange County Sheriffs Department. Hunt lost to the incumbent, Corona. Bardzik contends that, in retaliation for his support of Hunt, the Orange County Defendants rescinded a promised promotion, denied pay raises, prevented further promotion, and transfexred Bardzik to a less prestigious position. Bardzik also alleges that the retaliation included the fabrication of wrongdoing by Bardzik resulting in Internal Affairs investigations. Bardzik’s Second Amended Complaint (“SAC”) alleges violations of his free speech rights pursuant to 42 U.S.C. § 1983 .

II. LEGAL STANDARD

Summary judgment is appropriate only where the…