Cuviello

Cuviello v. City of Belmont

Good Law
United States District Court, Northern District of CaliforniaJuly 31, 20233:23-cv-00029California10,093 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA San Francisco Division JOSEPH PAT CUVIELLO, individually, Case No. 23-cv-00029-LB

Plaintiff, ORDER GRANTING MOTION TO

DISMISS IN PART AND DENYING

v. MOTION FOR PRELIMINARY

INJUNCTION

CITY OF BELMONT, et al., Re: ECF Nos. 22, 28, 37 Defendants. 16 INTRODUCTION The plaintiff, who is representing himself, sued the City of Belmont and city officials (the city manager and the head of the Parks and Recreation department) after they withdrew their approval of his volunteer program’s work removing invasive plants from the city’s open spaces. He claims that they did this to retaliate against him for his criticism of the city’s environmental policies, in violation of the First Amendment to the U.S. Constitution and his free-speech rights under the California Constitution. He also claims that they ended his volunteer project without due process and violated his equal-protection…

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