Mulligan v. Nichols

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After plaintiff was injured in an altercation with two LAPD officers, he filed an administrative claim against the City, alleging that the officers acted unlawfully. The police union, LAPPL, allegedly with assistance from City officials, responded by accusing plaintiff, a prominent business executive, of being a drug abuser and of having acted aggressively toward the officers. The episode attracted publicity and plaintiff lost his job. Plaintiff then filed suit alleging claims under 42 U.S.C. 1983 and state law against defendants. Plaintiff's claims were based on this initial interactions with the LAPD and on the subsequent publicity. The district court granted summary judgment for defendants on the unlawful retaliation claim and on plaintiff's claim that the LAPD acted negligently. Plaintiff's other claims proceeded to trial and the jury found for defendants. The court concluded that the statements allegedly made against plaintiff as joint state actions by the LAPPL were not sufficiently adverse to support a claim of First Amendment retaliation. Consequently, the district court’s grant of summary judgment for that claim was proper. Similarly, the district court did not err in its decisions regarding plaintiff's police negligence, excessive force, and negligent supervision claims. Accordingly, the court affirmed the judgment. View "Mulligan v. Nichols" on Justia Law