California Appellate Tracker

Heffernan v. City of Paterson

April 29, 2016

Policeman stated a viable claim for wrongful termination in violation of his First Amendment rights by alleging that he was demoted because the police department mistakenly thought it observed him supporting a rival candidate for mayor instead of the incumbent.

A policeman stated a claim for termination in violation of his First Amendment rights by alleging that he was demoted because the police department thought it observed him exercising his First Amendment rights to support a rival candidate for mayor instead of the incumbent. The fact that the police department was incorrect—plaintiff was not supporting the rival candidate—did not rob plaintiff of his action under 42 USC 1983.

United States Supreme Court (Breyer, J.; Thomas & Alito, JJ., dissenting); April 26, 2016; 2016 WL 1627953

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Heffernan v. City of Paterson

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