Francisco Negrete v. City of Oakland

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

FRANCISCO NEGRETE; WILLIAM No. 20-16244

BERGER; BRANDON HRAIZ; CRAIG

TANAKA; JOSEF PHILLIPS, D.C. No. Plaintiffs-Appellants, 3:19-cv-05742-

WHO

v.

CITY OF OAKLAND; POLICE OPINION

COMMISSION OF THE CITY OF

OAKLAND,

Defendants-Appellees.

Appeal from the United States District Court for the Northern District of California William Horsley Orrick, District Judge, Presiding

Argued and Submitted May 10, 2021 San Francisco, California

Filed August 19, 2022

Before: J. Clifford Wallace and Daniel P. Collins, Circuit Judges, and Jed S. Rakoff, * District Judge.

* The Honorable Jed S. Rakoff, United States District Judge for the Southern District of New York, sitting by designation. Opinion by Judge Wallace; Dissent by Judge Rakoff

SUMMARY **

Civil Rights/Jurisdiction

In an action brought by five City of Oakland police officers seeking to overturn their termination, the panel vacated, for lack of subject matter jurisdiction, the district court’s judgment on the pleadings in favor of defendants…