Degrassi

As in Katzberg v. Regents of University of California (2002) 29 Cal.4th 300 [ 127 Cal.Rptr.2d 482 , 58 P.3d 339 ] (Katzberg), in this case we consider whether an individual may bring an action for money damages on the basis of an alleged violation of a provision of the California Constitution, in the absence of a statutory provision or an established common law tort authorizing such a damage remedy for the constitutional violation. Here plaintiff, a former city council member, seeks damages to remedy an alleged violation of the free speech clause of the California Constitution, article I, section 2, subdivision (a) (hereafter article I, section 2(a)), based upon the conduct of various city officials and other individuals that assertedly interfered with plaintiff’s performance of her duties. We conclude that an action for damages is not available.

I.

Plaintiff Christine Degrassi 2 served as a member of the Glendora City Council from 1994 until March 1999. She commenced the present suit in 1998, while her related action was pending in federal court. In order to place the present matter in context, we first briefly describe the federal litigation.

*336 In 1997 plaintiff…

I concur in the majority’s determination that neither the language nor the history of article I, section 2, subdivision (a) of the California Constitution supports an intent on the part of the drafters to include a damages remedy for violation of our state free speech clause. For the reasons set forth in my concurring and dissenting opinion in Katzberg v. Regents of University of California (2002) 29 Cal.4th 300, 330-332 [ 127 Cal.Rptr.2d 482 , 58 P.3d 339 ], I would not consider any other basis for allowing a tort cause of action.

Baxter, J., concurred.

As in Katzberg v. Regents of University of California (2002) 29 Cal.4th 300 , 127 Cal.Rptr.2d 482 , 58 P.3d 339 ( Katzberg ), in this case we consider whether an individual may bring an action for money damages on the basis of an alleged violation of a provision of the California Constitution, in the absence of a statutory provision or an established common law tort authorizing such a damage remedy for the constitutional violation. Here plaintiff, a former city council member, seeks damages to remedy an alleged violation of the free speech clause of the California Constitution, article I, section 2, subdivision (a) (hereafter article I, section 2(a)), based upon the conduct of various city officials and other individuals that assertedly interfered with plaintiffs performance of her duties. We conclude that an action for damages is not available. [1]

Plaintiff Christine Degrassi [2] served as a member of the Glendora City Council from 1994 until March 1999. She commenced the present suit in 1998, while her related action was pending in federal court. In order to place the present matter in context, we first briefly describe the federal litigation.

In 1997 plaintiff…