Gomez

MEMORANDUM *

The district court did not err in denying Waldie’s motion for summary judgment, because he is not entitled, as a matter of law, to qualified immunity from Gomez’s First Amendment retaliation claim. Taking the facts in the light most favorable to Gomez, as we must on summary judgment, see Jeffers v. Gomez, 267 F.3d 895, 905-06 (9th Cir.2001), Gomez’s speech was a substantial or motivating factor in Waldie’s alleged efforts to block Gomez’s promotion, see, e.g., Schwartzman v. Valenzuela, 846 F.2d 1209, 1212 (9th Cir.1988); Allen v. Scribner, 812 F.2d 426, 434-35 (9th Cir.1987); see also Coszalter v. City of Salem, 320 F.3d 968, 977 (9th Cir.2003). Gomez could make a prima fa-cie case of retaliation without presenting evidence that his speech was the “but for” cause of Waldie’s adverse employment actions. See Hartman v. Moore, 547 U.S. 250, 259-60 , 126 S.Ct. 1695 , 164 L.Ed.2d 441 (2006); see also Mt. Healthy City Sch. Dist. Bd. of Educ. v. Doyle, 429 U.S. 274, 287 , 97 S.Ct. 568 , 50 L.Ed.2d 471 (1977).

Resolving all factual disputes in Gomez’s favor, lieutenants in the Los Angeles Sheriffs Department (LASD) are generally low-level managers who have well-defined…