Facts

Plaintiff Frank Caruso was a police officer for the city of Irvine since 2001. In 2006, plaintiff applied for a field training officer position (FTO) twice. He was denied both times.

Caruso sued the city of Irvine, Chief of Police David Maggard and Field Training Officer Lieutenant Robert Richardson alleging retaliation pursuant to 42 USC section 1983 and the First Amendment.

The city of Irvine was later dismissed from the lawsuit.

PLAINTIFF'S CONTENTIONS:
Plaintiff claimed that because he was a vocal and active member of the Irvine Police Association in regards to officer morale issues and employment conditions, he was passed over for the FTO position.

DEFENDANTS' CONTENTIONS:
Defendants claimed that they did not take any adverse action against plaintiff because of his association activities. Moreover, defendants could not be held liable because they were not direct participants in the decision to not select plaintiff for the FTO assignment. Finally, defendants were entitled to qualified immunity.

Result

Defendants were granted summary judgment.

Other Information

Court awarded $9055.45 in costs to defendants.