Nelson L. Phillips v. City and County of San Francisco: Adult Probation Department of the City and County of San Francisco
Opinion
Opinion
Jameson, J.
This appeal is from a summary judgment of dismissal of an action under the Civil Rights Act, 42 U.S.C. §§ 1981 , 1983, and 1985.
Statement of Facts
Appellant was a deputy probation officer in the Family Support Section of the Adult Probation Department of the City and County of San Francisco. His work involved divorce and child support problems among a clientele which was approximately 75% black, 10% Latin American or Spanish-speaking, and 15% Caucasian or Oriental. In September, 1970 he placed on the walls of his office a poster, approximately two feet by three feet in size, which contained the legend “Wanted by the F.B.I.” Beneath this legend were drawings of H. Rap Brown, Angela Davis and Eldridge Cleaver, who at the time were fugitives sought by the Federal Bureau of Investigation for the offense of unlawful flight to avoid prosecution. Below these likenesses were three additional lines:
“Faith, Beauty, Integrity
REWARD
Love-Peace-Happiness”
Appellant stated that he placed the poster in his office as “a symbolic statement and protest” because he believed “that the individuals depicted in the poster * * * were not being depicted fairly by the mass media and public…