Barcelona v. State of California Department of Justice et al

Filing 36

ORDER signed by District Judge Troy L. Nunley on 10/20/2017 DISMISSING Plaintiffs claims for equitable relief under the First Amendment and the POBR without prejudice for lack of standing. CASE CLOSED. (Hunt, G)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ALAN BARCELONA, 12 Plaintiff, 13 14 15 No. 2:14-cv-02389-TLN-DB v. ORDER STATE OF CALIFORNIA DEPARTMENT OF JUSTICE, et al., 16 Defendants. 17 Plaintiff Alan Barcelona (“Plaintiff”), an employee of the California Department of 18 19 Justice (“DOJ”), sued Defendants DOJ, Larry Wallace, Nathan DaValle, Brent E. Orick, and 20 Catherine Gauthier (“Defendants”) in connection with the DOJ’s “handling of an internal affairs 21 investigation initiated on the basis of a citizen’s complaint.”1 (ECF No. 24 at 1–3.) On February 22 17, 2016, this Court granted Defendants’ motion for summary judgment (ECF No. 8), denied 23 Plaintiff’s motion for summary judgment (ECF No. 12), and ordered the Clerk of the Court to 24 enter judgment in Defendants’ favor. (ECF No. 24.) In an unpublished memorandum filed September 26, 2017, the Ninth Circuit affirmed this 25 26 Court’s grant of summary judgment in favor of DOJ on Plaintiff’s claim for damages under the 27 California Public Safety Officers Procedural Bill of Rights Act (“POBR”). (ECF No. 34 at 2–3.) 28 1 Individual Defendants were sued in their representative capacities. 1 1 However, the Ninth Circuit held that Plaintiff “lack[ed] standing to assert a claim for equitable 2 relief under either the First Amendment or the POBR.” (ECF No. 34 at 2.) Accordingly, the 3 Ninth Circuit “vacate[d] [this Court’s] denial on the merits of [Plaintiff’s] request for injunctive 4 and declaratory relief and remand[ed] with instructions to dismiss the equitable relief claims 5 without prejudice for lack of standing.” (ECF No. 34 at 2.) The Ninth Circuit issued its formal 6 mandate on October 18, 2017, indicating that its judgment took effect that same day. (ECF No. 7 35 at 1.) 8 9 10 Pursuant to the Ninth Circuit’s instructions, Plaintiff’s claims for equitable relief under the First Amendment and the POBR are dismissed without prejudice for lack of standing. IT IS SO ORDERED. 11 12 Dated: October 20, 2017 13 Troy L. Nunley United States District Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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