In Dahlia v. City of Burbank, published August 7, 2012, the 9th Circuit Court of Appeals upheld a district court decision dismissing a police officer’s lawsuit against his department for alleged retaliation in violation of the officer’s First Amendment rights. Declaring itself bound by another 9th Circuit panel’s decision in Huppert v. City of Pittsburg, 574 F.3d 696 (9th Cir. 2009), this panel held that as a matter of law a police officer acts within the scope of his official duties when the officer reports a fellow officer’s alleged wrongdoing to a superior; and that accordingly, under Garcetti v. Ceballos, 547 U.S. 410, 421-22 (2006), the officer’s speech is not protected by the First Amendment. But the panel that decided Dahlia also stated its opinion that Huppert was wrongly decided.
The panel also ruled that being placed on administrative leave is, for purposes of retaliation lawsuits, an adverse employment action.