Densmore

MEMORANDUM ***

Joseph Densmore, Jr. (“Densmore”) appeals the district court’s summary judgment grant in favor of the City of May-wood (“City”) and several individual police officers employed by the City (collectively, “Defendants”). We reverse and remand for further proceedings in light of our recent decision in Posey v. Lake Pend Oreille Sch. Dist. No. 84, 546 F.3d 1121 (9th Cir.2008).

While employed by the City as a probationary police officer, Densmore reported the misconduct of his field training officer, who had used excessive force against a handcuffed suspect. Densmore alleges he was retaliated against and ultimately fired for exercising his First Amendment rights by reporting the incident.

Under Garcetti v. Ceballos, 547 U.S. 410 , 126 S.Ct. 1951 , 164 L.Ed.2d 689 (2006), to be entitled to First Amendment protection, a public employee must demonstrate that he spoke as a private citizen rather than as a public employee pursuant to his official employment duties. Id. at 422-24 , 126 S.Ct. 1951 . The Court cautioned, however, that formal job descriptions were not determinative, but that the scope of an employee’s professional duties must be considered as a “practical”…