Bobby Rydell MARSHALL, Plaintiff-Appellant, v. Daryl F. GATES, Etc., Et Al., Defendants-Appellees

ORDER

The opinion filed November 8, 1994 is withdrawn.

OPINION

Bobby Rydell Marshall (Marshall) brought this civil rights action under 42 U.S.C. § 1983 , et seq., against Daryl Gates and other police officers of the City of Los Angeles (Gates). The district court, applying a local rule of the court, granted summary judgment for the defendants.

PROCEEDINGS

Marshall is an African-American Los An-geles Police Officer, who alleges he was subjected to two negative work actions as a result of his allegations of racism in the Los Angeles Police Department (LAPD). According to his two affidavits (a sworn declaration and a sworn answer to interrogatories), on May 19, 1991 he provided information to Barbara Kelly and Brian Sunn, two lawyers working for the Christopher Commission, about racism within the LAPD. He told the lawyers that he had personally experienced racism within this organization and that he had previously been urged not to report misconduct by LAPD officers, not to testify to misconduct by LAPD officers, and to participate in a code of silence. Also in May 1991 he appeared on a PBS television program, “Beyond 2000,” on which Daryl Gates also appeared; on this program…