Juan Hernandez v. City of Phoenix

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

JUAN HERNANDEZ; ARIZONA No. 21-16007

CONFERENCE OF POLICE AND

SHERIFFS, an Arizona nonprofit D.C. No. corporation; MARK SCHWEIKERT, 2:19-cv-05365- Plaintiffs-Appellants, MTL V.

OPINION

CITY OF PHOENIX, a municipal corporation; JERI WILLIAMS, in her official capacity as Chief of Police of the Phoenix Police Department; SHANE DISOTELL, in his official capacity as the Commander of the Phoenix Police Professional Standards Bureau, Defendants-Appellees.

Appeal from the United States District Court for the District of Arizona Michael T. Liburdi, District Judge, Presiding

Argued and Submitted March 10, 2022 Phoenix, Arizona

Filed August 5, 2022 2 HERNANDEZ V. CITY OF PHOENIX

Before: Richard A. Paez, Richard R. Clifton, and Paul J. Watford, Circuit Judges.

Opinion by Judge Watford

SUMMARY

Civil Rights

The panel affirmed in part and reversed in part the district court’s dismissal of an action brought pursuant to 42 U.S.C. § 1983 and Arizona law alleging that: (1) the City of Phoenix Police Department retaliated against Sergeant Juan Hernandez in violation of his First Amendment rights when it took steps to…