Silvia Lopez v. Genevieve Shiroma

MEMORANDUM

This interlocutory appeal arises from the denial of official immunity in plaintiff Silvia Lopez’s (“Lopez”) labor dispute with defendants-appellants, officials of California’s Agricultural Labor Relations Board (“ALRB” or “Board”). An employee of Gerawan Farming, Inc., Lopez opposes its relationship with United Farm Workers of America (“UFW”) and launched a representation election to decertify UFW as Gerawan employees’ union representative. She alleges that certain decisions issued in the course of the decertification process served as a pretext to shield UFW from decertification and that defendants violated her due process and First Amendment rights. Lopez seeks damages as well as declaratory and injunctive relief pursuant to 42 U.S.C. § 1983 .

The district court ruled that defendants lacked official immunity by denying their absolute immunity defense and declining to reach qualified immunity. Absolute and qualified immunity are questions of law reviewed de novo, based on the facts as the complaint presents them. Padilla v. Yoo, 678 F.3d 748, 757 (9th Cir. 2012); Olsen v. Idaho State Bd. of Med., 363 F.3d 916 , 922 (9th Cir. 2004). We have jurisdiction under 28…