· 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 CourtListenerSourced 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.