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· 10/11/2002

John R. Ulrich, Jr., M.D. v. City and County of San Francisco Laguna Honda Hospital Maria v. Rivero, M.D. Theresa Berta, M.D. Melissa Welch, M.D.

Citations

  • 308 F.3d 968
  • 19 I.E.R. Cas. (BNA) 477
  • 2002 Cal. Daily Op. Serv. 10349
  • 2002 Daily Journal DAR 11954
  • 2002 U.S. App. LEXIS 21245
  • 2002 WL 31268881

How courts have described this case

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

  • explaining that “only” under Monell and its progeny may a municipality be found liable for a constitutional violation under Section 1983
  • “No constitutionally protected property interest can exist in the outcome of a decision ‘unmistakably committed ... to the discretion of the [public entity].’ ”
  • “[U]nder 8 California law, a city’s Charter determines municipal affairs such as personnel matters.” (quoting 9 Hyland, 117 F.3d at 414)
  • factual question as to whether official was 18 delegated policy making authority on hiring firing and investigatory matters not subject to 19 review by the actual policy-makers
  • defamation in connection with employment decision may 1 give rise to due process claim
  • “Although these [adverse employment] decisions by the hospital could have been taken for a number of reasons, if they were in retaliation for his protected speech activity then the First Amendment was violated.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Hawkins, Fisher, Moskowitz

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.