Flores

Flores v. San Diego County

Good Law
2000 Daily Journal DAR 2699·206 F.3d 845·2000 WL 266681·2000 Cal. Daily Op. Serv. 1971·2000 U.S. App. LEXIS 3714
United States Court of Appeals for the Ninth CircuitMarch 13, 2000No. 98-55300California705 words

Opinion

Lead Opinion

Corrections deputy Rafael Flores sued the San Diego County Sheriff and others under 42 U.S.C. § 1983 alleging violations of his constitutional rights to free speech and due process. Pursuant to Federal Rule of Civil Procedure § 12(b)(6), the district court granted Appellees’ motion to dismiss the action. This appeal followed.

We have jurisdiction pursuant to 28 U.S.C. § 1291 . Having reviewed the record and determined that Flores has failed to state a claim for which relief may be granted, we affirm.

FACTUAL AND PROCEDURAL BACKGROUND

Appellant Flores is employed by the San Diego County Sheriffs Department. Flores took his personal firearm to Appel-lee Emergency Equipment Engineering (“EEE”) for servicing. Flores became involved in a dispute with respect to the servicing of the weapon. A representative of EEE allegedly told Flores that he knew Sheriff Kolender and would complain about Flores’s conduct. In response, Flores said that he would inform the Deputy Sheriffs Association (the “DSA”) that EEE, an advertiser in the DSA’s newsletter, was providing poor service. Subsequently, a complaint was filed against Flores with the Sheriffs Department alleging that Flores had misused…

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