Fitzgerald

Fitzgerald v. El Dorado County

Good Law
94 F. Supp. 3d 1155·2015 WL 966133·126 Fair Empl. Prac. Cas. (BNA) 694·2015 U.S. Dist. LEXIS 26679
United States District Court, Eastern District of CaliforniaMarch 4, 2015No. 2:12-cv-02932-MCE-KJNCalifornia8,253 words

Opinion

Lead Opinion

England, J.

MEMORANDUM AND ORDER

This action proceeds on Plaintiff Richard Fitzgerald’s (“Plaintiff’) First Amended Complaint (“FAC”), which seeks to recover damages against Defendants Sheriff John D’Agostini (“D’Agostini”), Under-sheriff Rich Williams (‘Williams”), and El Dorado County (“County”) (collectively “Defendants”) on various legal theories. *1160 Plaintiff asserts three claims against all Defendants: (1) retaliation in violation of the First Amendment; (2) violation of his due process rights; and (3) violation of his equal protection rights. Plaintiff asserts additional claims against the County alone: (4) retaliation under state law; and (5) age discrimination under both state and federal law. 1 Presently before the Court are Defendants’ motions for summary judgment, or alternatively partial summary judgment, pursuant to Federal Rule of Civil Procedure 56 (ECF No. 31-32), and Defendants’ Motion to Strike Errata Sheet (ECF No. 33), both of which Plaintiff timely opposed. 2 ECF Nos. 31-32, 43. For the following reasons, Defendants’ motions for summary judgment áre GRANTED in part and DENIED in part.

BACKGROUND

In 1991, Plaintiff was hired by the El Dorado County Sheriffs…

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