Christine Murray v. County of Orange

MEMORANDUM

Christine Murray appeals the district court’s grant of summary judgment on her claim against the County of Orange (the “County”) and the Orange County Sheriffs Department (“OCSD”) for violating the Public Safety Officers Procedural Bill of Rights Act (“POBRA”), Cal. Gov’t Code’ §§ 8800-3313. Murray also appeals the district court’s judgment, following a bench trial, in favor of the County on her § 1983 claim. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we reverse and remand.

1. Although the district court relied heavily,, and properly, on the Orange County Superior Court decision in Anderson v. Cnty. of Orange, No. 30-201000376368 (Cal.Sup.Ct. Mar. 9, 2012), to grant summary judgment, that decision has since been reversed by the California Court of Appeal. See Anderson v. Cnty. of Orange, No. G047161, 2014 WL 1092865 (Cal.Ct.App. Mar. 20, 2014). The liberty interest hearing offered by the County did not satisfy the minimum requirements of a POBRA administrative appeal. See id. Because the liberty interest hearing was an inadequate remedy, the requirement of exhaustion of administrative remedies does not apply, Glendale City Emps.’ Ass’n v. City of…