Joyce C. Johnston v. Richard Koppes Robert Tousignant

Good Law
850 F.2d 594·1988 WL 66335·3 I.E.R. Cas. (BNA) 1116·1988 U.S. App. LEXIS 8969
United States Court of Appeals for the Ninth CircuitJune 30, 198887-2980California1,427 words

Opinion

Opinion

Noonan, J.

Joyce C. Johnston brought suit under 42 U.S.C. § 1983 against Richard Koppes and Robert Tousignant, officials in the Department of Health Services of the State of California. Each side moved for summary judgment. Both motions were denied. Koppes and Tousignant appeal from the denial of their motion. The case involves the sensitive issue of the right of a government lawyer to exercise her constitutional rights outside the context of her employment by the government.

FACTS

Joyce Johnston is an attorney employed by the Department of Health Services in its legal division and enjoys the civil service classification of Staff Counsel III. On September 10, 1984 she also had the designation of “lead attorney” within the Preventive Health Section. Richard Koppes was Acting Chief Counsel of the Department. Robert Tousignant was Acting Assistant Chief Counsel.

A hearing of a committee of the California Legislature was scheduled for the morning of September 11 on the subject of the use of state funds for abortion. On September 10 Joyce Johnston requested 2 hours of vacation time to attend the hearing the next day. Tousignant denied the request. She appealed to Koppes, who said he…

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