Manhattan Beach Police Officers Association, Inc. v. City of Manhattan Beach David J. Thompson Harry L. Kuhlmeyer, Jr.

This is another appeal from the denial of a defense motion for summary judgment in an action seeking damages under 42 U.S.C. § 1983 . Because the motion for summary judgment was based upon the defense of qualified immunity, the denial is appealable under Mitchell v. Forsyth, 472 U.S. 511, 530 , 105 S.Ct. 2806, 2817-18 , 86 L.Ed.2d 411 (1985).

The scope of our inquiry in such appeals is extremely narrow, but these appeals appear to have become a routine part of every section 1983 case surviving a defense motion for summary judgment. They often cause regrettable expense and delay. As we observed approximately one year ago, “[sjtate government defendants apparently now deem it mandatory to bring these appeals from any adverse ruling, no matter how clearly correct the trial court’s decision.” Schwartzman v. Valenzuela, 846 F.2d 1209, 1210 (9th Cir.1988). That observation remains valid.

The plaintiffs in this case are police officers who have alleged that the defendants abridged their first amendment rights. They allege that the defendants denied them consideration for a more desirable position, and that they based this decision on plaintiffs’ public statements on matters of public…