Bonomi

Bonomi v. Gaddini

Good Law
11 F. App'x 832
United States Court of Appeals for the Ninth CircuitApril 4, 2001No. 99-17070; D.C. No. CV-97-02320-VRWCalifornia464 words

Opinion

Lead Opinion

MEMORANDUM *

Plaintiff-Appellant Richard Bonomi appeals the district court’s grant of summary judgment to Defendant-Appellee Marsha Gaddini. He contends that the district court erred when it concluded that the speech that allegedly caused Gaddini to retaliate against Bonomi did not pertain to a matter of public concern. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We agree, and thus we reverse.

*833 Bonomi contends that he complained about the state of the parole records that he inherited from a predecessor, and that his complaints were motivated by a concern for public safety. The district court determined that “this characterization ... is not supported by the facts in the record.” On the contrary, these allegations are supported by Bonomi’s declaration, in which he avers that he “was alarmed at the state of the records,” and that this caused him to be “extremely concerned that there were any number of ‘high control’ [parolees] out on the streets which presented a risk to the public.”

Taking these allegations to be true, as we must for purposes of summary judgment, they are sufficient to bring Bonomi’s speech within the scope of public concern. We have consistently…

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