Garry S. Gonsalves v. Esther Gallegos

993 F.2d 882 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Garry S. GONSALVES, Plaintiff-Appellant, v. Esther GALLEGOS, Defendant-Appellee. No. 91-16759. United States Court of Appeals, Ninth Circuit. Argued and Submitted April 15, 1993. Decided May 14, 1993. Before SCHROEDER, PREGERSON and D.W. NELSON, Circuit Judges. 1 MEMORANDUM * 2 Garry Gonsalves, the district attorney for Kings County, California, appeals the district court's denial of his motion for summary judgment based on qualified immunity. Esther Gallegos sued Gonsalves under 42 U.S.C. § 1983 alleging that Gonsalves terminated her in retaliation for exercising her First Amendment rights after Gallegos leaked information to the press stating that Gonsalves had misused government property. Gonsalves argues that Gallegos was terminated after an investigation revealed she had misused the office computer system to alter the driving records of her children in order to receive lower insurance rates. It is…