Derwin Longmire v. City of Oakland

MEMORANDUM

Plaintiff Derwin Longmire appeals from the district court’s order dismissing his Fourteenth Amendment claim and the court’s subsequent order granting summary judgment in favor of Defendants on his Fourth Amendment and First Amendment claims. We have jurisdiction pursuant to 28 U.S.C. § 1291 and affirm.

1. The parties have stipulated that Longmire’s Fourteenth Amendment equal protection claim for “perceived as” religious discrimination is moot based on the adjudication on the merits of a related state law claim. See Longmire v. City of Oakland, No. A137344, Slip op., 2014 WL 3707139 (Cal.Ct.App. Jul. 28, 2014).

2. Longmire did not have a reasonable expectation of privacy in the information that Defendants allegedly disclosed to the press. “Fourth Amendment rights are implicated only if the conduct of the [defendants] infringed ‘an expectation of privacy that society is prepared to consider reasonable.’ ” O’Connor v. Ortega, 480 U.S. 709, 715 , 107 S.Ct. 1492 , 94 L.Ed.2d 714 (1987) (citation omitted). The information that Defendants allegedly disclosed was not highly personal and instead related ■ only to Longmire’s work (and alleged misconduct) as a police officer.…