Marco Ramirez v. County of Marin

MEMORANDUM

Marco Ramirez appeals the district court’s grant of summary judgment to the County of Marin on Ramirez’s retaliation claims under the California Labor Code and the Fair Labor Standards Act (“FLSA”). Ramirez also appeals the district court’s grant of summary judgment to county employees William Burke and Michael Daly on Ramirez’s claims under 42 U.S.C. § 1988 . Because the parties are familiar with the history of this case, we will not recount it here. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm in part, reverse in part, and remand.

I

“We review a grant of summary judgment de novo. Summary judgment is appropriate when, ‘with the evidence viewed in the light most favorable to the non-moving party, there are no genuine issues of material fact, so that the moving party is entitled to judgment as a matter of law.’ ” Grenning v. Miller-Stout, 739 F.3d 1235, 1238 (9th Cir.2014) (quoting San Diego Police Officers’ Ass’n v. San Diego City Emps.’ Ret. Sys., 568 F.3d 725, 733 (9th Cir.2009)).

II

The district court granted summary judgment on Ramirez’s retaliation claim under California Labor Code § 6310 because Ramirez had not exhausted his administrative…