Laborers International Union Local 261 v. City and County of San Francisco

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 San Francisco Division 11 JUAN RIVERA, et al., Case No. 22-cv-02215-LB

12 Plaintiffs, ORDER GRANTING

SUMMARY JUDGMENT

13 v. Re: ECF No. 49 14 CITY AND COUNTY OF SAN FRANCISCO, 15 Defendant. 16 17 INTRODUCTION 18 The plaintiffs, members of a union, sued their employer, the City and County of San Francisco 19 (CCSF), for retaliation based on their complaints about (1) workplace safety, in violation of 42 20 U.S.C. § 1983, and (2) corruption and illegality in city government, in violation of California Labor 21 Code § 1102.5. The CCSF moved for summary judgment on the grounds that no evidence supports 22 (1) a municipal policy of retaliation for a § 1983 claim or (2) a § 1102.5 claim, given plaintiff Juan 23 Rivera’s lack of a role in the union’s complaints about corruption and plaintiff Theresa Foglio- 24 Ramirez’s lack of an adverse employment action. The court grants the motion on these grounds. 25 26 …