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· 12/20/2002

Francisco Jose Rivero Pacific Internment Services, a California Corporation v. City and County of San Francisco, and Joseph Surdyka Boyd Stephens

Citations

  • 316 F.3d 857
  • 2002 Daily Journal DAR 14537
  • 2002 Cal. Daily Op. Serv. 12205
  • 2002 U.S. App. LEXIS 26367
  • 2002 WL 31845935

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • “Prevailing parties need not have filed cross-appeals in order to correct errors in the district court's reasoning nor to preserve alternative grounds for affirming the judgment.” (internal quotation marks and alterations omitted)
  • determining “the outcome of the Pickering bal- ancing test” requires resolving underlying “question[s] of fact”
  • applying the public concern test in a case involving government retaliation against an independent contractor
  • “The issue is not what the law was or might have been in other circuits in 1993. It is, rather, what the ‘controlling authority in [the defendants’] jurisdiction[was] at the time of the incident.’” (quoting Wilson v. Layne, 526 U.S. 603, 617 (1999)

Source: CourtListener parenthetical corpus (CC0).

Judges: Beezer, Thomas, Fletcher

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.