Hunt v. County of Orange, et al.

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Plaintiff, the Chief of Police Services for the City of San Clemente, sued defendants under 42 U.S.C. 1983 after plaintiff was placed on administrative leave after he ran for, and lost, the election of Orange County Sheriff-Coroner. Plaintiff claimed that his placement on administrative leave and subsequent demotion were in unconstitutional retaliation for the exercise of his First Amendment rights. The district court concluded that plaintiff's campaign speech was not protected by the First Amendment because he fell into the narrow "policymaker" exception to the general rule against politically-motivated dismissals. Although the court determined that the district court erred in this conclusion, the court agreed that the district court's alternative holding that Michael Carona, the incumbent Orange County Sheriff who won the election at issue, was entitled to qualified immunity because a government official in his position "reasonably but mistakenly" could have believed that political loyalty was required by someone with plaintiff's job responsibilities at the time he ran against Carona. Therefore, the court affirmed the judgment of the district court. View "Hunt v. County of Orange, et al." on Justia Law