This blog post was reviewed in September 2019 to provide the most up-to-date legal information.

This principle used to be clear – paid administrative leave was outside the scope of adverse employment action.  This was based on court holdings that an employee suffers no substantial or material change in terms and conditions of employment while

Constitution.jpgThis blog post was authored by Alex Polishuk

On Tuesday, December 3, 2013, the U.S. Court of Appeals for the Ninth Circuit, on the heels of its recent Dahlia v. Rodriguez decision that broadened police officers’ First Amendment rights, issued its ruling in another First Amendment case. In Hagen v. City of Eugene, the

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On Wednesday, August 21, 2013, the U.S. Court of Appeals for the Ninth Circuit held in Dahlia v. Rodriguez that a Burbank police detective could assert a First Amendment retaliation claim based on his allegedly having complained to authorities about abusive interrogation tactics at his department.  The case is significant because it expressly overturns a

Police Cars.jpgUpdate: On December 11, 2012, the U.S. Court of Appeals for the Ninth Circuit decided to re-hear Dahlia v. Rodriguez en banc. Accordingly, public agencies can no longer rely on the three-Judge panel opinion discussed below. A panel of eleven Judges will re-hear the appeal. The opinion of that en banc panel of the