Facts

William Howard sued his former employer, Contra Costa County, as well as the Town of Danville, and their employees David Livingston, Sean Fawell, and Steven Simpkins, in connection with his termination.

PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that he worked as a reserve deputy sheriff for the county. Plaintiff alleged that the county terminated him in retaliation for having reported the misconduct of a fellow deputy. Plaintiff accused the other deputy of being involved in setting up "Dirty DUI's," an elaborate scheme choreographed by a private investigator to make the targets of the driving under the influence charge look bad at their custody hearings. The private investigator worked for some of the ex-wives of the targets involved in custody disputes. Although his allegations resulted in the deputy's prosecution, the county and the other defendants nevertheless decided to terminate him in violation of his right to free speech and due process under 42 U.S.C. Section 1983. Plaintiff asserted claims for the violation of his constitutional rights, retaliation in violation of the California Labor Code, and state law claim for negligent hiring, retention, supervision, and training.

DEFENDANTS' CONTENTIONS:
Defendants moved to dismiss plaintiff's complaint for failure to state a claim.

Result

The court granted in part, and denied in part, defendants' motion to dismiss as to all defendants. Particularly, the court dismissed with prejudice Howard's first claim for relief under Section 1983. Howard's third claim for relief under Section 1983 against Livingston was dismissed without prejudice. However, his third claim for relief under Section 1983 against Livingston and Fawell in their individual capacities was denied. Then, his fifth claim for relief for the negligent hiring, retention, supervision, and training was dismissed with prejudice as to all defendants. The court then dismissed the action with prejudice as to Simpkins and Danville.