Harris

Harris v. Sjostrand

Good Law
16 F. App'x 673
United States Court of Appeals for the Ninth CircuitJuly 31, 2001Nos. 00-16666, 00-16672; D.C. No. CV-98-04553-CRB/JLCalifornia879 words

Opinion

Lead Opinion

MEMORANDUM *

Appellants Gary Yancey and Allen Sjostrand appeal the district court’s order denying their motions for summary judgment on grounds of qualified immunity in Appellee’s action alleging termination in retaliation for constitutionally protected speech. We affirm. The facts are familiar to the parties, so we will not recite them except as necessary to explain our decision.

1. The district court correctly determined that the content of Harris’ speech- — -which included allegations that Inspector Todd had omitted exculpatory evidence from a report, ransacked a room during execution of a search warrant, and improperly closed an investigation — involved matters of public concern, and that no reasonable person in Sjostrand or Yancey’s position could have thought otherwise. It was well established at the relevant time that speech regarding allegedly illegal or unconstitutional activity by a public servant is at the core of First Amendment protection. Johnson v. Multnomah County, 48 F.3d 420 (9th Cir.1995); Hyland v. Wonder, 972 F.2d 1129, 1137 (9th Cir.1992); Allen v.. Scribner, 812 F.2d 426, 431 , as amended, 828 F.2d 1445 (9th Cir.1987). Harris’ comment, under questioning by…

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