Thomas Pereira v. U.S. Postal Service Judith Wolfe Ernie Molina Tom Regan Frank Smith

Good Law

92 Daily Journal DAR 6667·964 F.2d 873·1992 WL 102305·1992 U.S. App. LEXIS 10885·92 Cal. Daily Op. Serv. 4206

United States Court of Appeals for the Ninth CircuitMay 18, 199289-15055California1,427 words

Opinion

Trott, J.

ORDER

The opinion filed in this case on August 20, 1991, Pereira v. United States Postal Serv., 942 F.2d 577 (9th Cir.1991), is ordered withdrawn. The appellees’ petition for rehearing is denied.

OPINION

FACTS

Pereira, a letter carrier for the U.S. Postal Service, filed this action alleging he was harassed by his supervisors because of his activities associated with his candidacy for a position on the Santa Clara California City Council. Pereira contends he was harassed for allegedly abusing sick leave, was instructed not to take his lunch more than one-half mile from his letter carrier route, and was ordered (along with other letter carriers) not to talk on the work room floor. Pereira contends that all of these actions were taken to retaliate against him for exercising his First Amendment right to campaign for office.

Pereira filed this action against the U.S. Postal Service and four of his managers on October 26, 1988, seeking preliminary and permanent injunctions, compensatory damages of three million dollars, and nine million dollars in punitive damages. Prior to filing this suit, Pereira allegedly did not avail himself of binding grievance arbitration provided for in…

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