Eng

I. FACTUAL AND PROCEDURAL BACKGROUND

“Assuming that [Eng]’s version of the material facts is cor- rect, as we must in the context of an interlocutory appeal of a qualified immunity decision,” CarePartners, LLC v. Lash- way, 545 F.3d 867, 878 (9th Cir. 2008), the record establishes the following.

A. Factual Background

Eng, a Los Angeles County Deputy District Attorney, was assigned to the Belmont Task Force (“Task Force”) to investi- gate allegations of fraud and environmental crimes related to the planning and construction of the Los Angeles Unified School District’s Belmont Learning Complex (“Belmont”). The Task Force was established by newly-elected District Attorney Steve Cooley, who had campaigned on a promise to reform the Belmont project. The Task Force was headed by Special Assistant Anthony Patchett, who emphasized from the beginning that the Task Force would deliver “slam dunk” indictments against prominent individuals involved with the Belmont project.

Following an extensive seven-month investigation, the Task Force concluded that the building site was and had always been environmentally safe and that no indictments should issue. Hours before the Task Force…