- After Garcetti v. Ceballos, 547 U.S. 410, 424 (2006), courts must make a “practical” inquiry when determining the scope of a government employee’s professional duties, and Huppert v. City of Pittsburg, 574 F.3d 696 (9th Cir. 2009) erred in concluding that California broadly defines police officers’ duties as a matter of law for the purpose of First Amendment retaliation analysis; and
- Placement on administrative leave can constitute an adverse employment action.
The Court also held that on remand, the plaintiff could renew his request for leave to amend his complaint to allege more explicitly which acts were protected by the First Amendment and which acts constituted adverse employment actions.
Dahlia v. Rodriguez, __ F.3d ___ (9th Cir. 8/21/13) is available here.