Government Liability Update

Discretionary Immunity Does Not Shield Public Entity Employers from Direct Liability under FEHA

DeJung v. Superior Court rejected the argument that a public entity employer -- here, a court -- is immune under Government Code sections 820.2 and 815.2(b)from direct liability  under FEHA for employment discrimination.

Parade Permit Ordinance That Gives Unfettered Discretion to Require Sidewalk Use Ruled Facially Unconstitutional

Seattle Affilliate v. City of Seattle, decided by the 9th Circuit, holds 2-3 that a Seattle parade permit ordinance that permits either officials or police officers to determine whether permit holders may march on the sidewalk only, instead of the street, without articulating the reasons for their decision is facially unconstitutional; the discretion it grants and the potential for post hoc rationalization of denials, the circuit determines, violates the First Amendment.

Police Officers' Communications with Prosecutors are Protected by Anti-SLAPP Statutes

Schaffer v. City and County of San Francisco, published November 26, 2008, holds that police officers sued for writing affidavits to a DA's office in connection with a prosecution could move to strike the suit (and collect attorney fees) under the Anti-SLAPP statutes.  The court rejected the argument that because public employee speech within the scope of the employee's duties is not protected by the First Amendment, it is not protected by the Anti-SLAPP statutes either.  Anti-SLAPP protection is not coextensive with First Amendment protection.

Owner of Condemned Property Not Entitle to Compensation for Goodwill unless an Ongoing Business Exists on the Condemned Property

City and County of San Franciso v. Coyne ruled that owners of a condemned parcel on which they planned to build a condo complex were not entitled to compensation for the revenue they might have received on the project.