· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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