Byrd v. Gain

558 F.2d 553 Jesse BYRD, Travis A. Tapia, and Officers for Justice, a non-profit association, Appellants, v. Charles R. GAIN, Chief of Police, Richard Siggins, Jane Murphy, Judith Ciani, Herman Gallegos, and James A. Hall, Police Commissioners (filed as Donald M. Scott, etc., et al.), Appellees. No. 75-2731. United States Court of Appeals, Ninth Circuit. Aug. 2, 1977. Amitai Schwartz, No. Cal. Police Practices Project, San Francisco, Cal., argued for appellants. Philip S. Ward, San Francisco, Cal., argued for appellees. Appeal from the United States District Court for the Northern District of California. Before CHAMBERS and GOODWIN, Circuit Judges, and KELLEHER, * District Judge. GOODWIN, Circuit Judge: 1 Two police officers appeal the summary judgment which ended their action under 42 U.S.C. § 1983 against the chief of police and others. They had sued to compel the department to expunge from their personnel files written reprimands which had been issued following complaints by other police officers. The complaints criticized a press release and public statements made by the plaintiffs in the course of a public controversy that had developed over the department's employment…