Hernandez

Hernandez v. Breceda

Good Law
231 F. App'x 578
United States Court of Appeals for the Ninth CircuitMay 1, 2007No. 05-56890California361 words

Opinion

Lead Opinion

*579 MEMORANDUM **

Salvador Hernandez appeals pro se from the district court’s summary judgment in favor of defendants in his 42 U.S.C. § 1988 action, in which he alleged that defendants retaliated against him for exercising his First Amendment rights and slandered and defamed him.

We have jurisdiction under 28 U.S.C. § 1291 . We review the district court’s grant of summary judgment de novo. Valdez v. Rosenbaum, 802 F.3d 1039, 1043 (9th Cir.2002). We also review de novo a district court’s decision to grant or deny legislative immunity. Kaahumanu v. County of Maui 315 F.3d 1215, 1219 (9th Cir.2003) (absolute immunity); Menotti v. City of Seattle, 409 F.3d 1113, 1152 (9th Cir.2005) (qualified immunity). We affirm.

The district court correctly determined that Mayor Breceda is entitled to qualified legislative immunity. See Saucier v. Katz, 533 U.S. 194 , 201, 121 S.Ct. 2151 , 150 L.Ed.2d 272 (2001). We agree that Hernandez failed to raise a triable issue of fact as to whether Mayor Breceda violated Hernandez’s rights or caused third parties to retaliate against him. See Sorrels v. McKee, 290 F.3d 965, 969 (9th Cir.2002) (The “first prong of qualified immunity thus mirrors the…

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