Peter Turner v. City & County of San Francisco
Opinion
Opinion
Smith, J.
Peter Turner, a former “temporary exempt employee” of the City and County of San Francisco (the City), appeals the dismissal with prejudice of his claims against the City for wrongful discharge. Turner contends that the district court improperly dismissed his claim under 42 U.S.C. § 1983 that the City retaliated against him for engaging in protected speech, in violation of the First Amendment. Specifically, he contends that the statements he made to his supervisors regarding the alleged unlawful hiring and use of temporary exempt employees in contravention of the San Francisco Charter (Charter) were related to a matter of “public concern,” and were therefore protected by the First Amendment.
After permitting Turner to amend his complaint five times, the district court properly concluded that he had failed to state a claim under the First Amendment. Turner’s communications were focused on, and driven by, a private grievance about his specific employment situation; he was not speaking as a citizen on a matter of public concern.
All other claims raised on appeal by Turner are addressed in a memorandum disposition filed concurrently with this opinion. We affirm.