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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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ALAN BARCELONA,

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Plaintiff,

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No. 2:14-cv-02389-TLN-DB

v.

ORDER

STATE OF CALIFORNIA
DEPARTMENT OF JUSTICE, et al.,

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Defendants.

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Plaintiff Alan Barcelona (“Plaintiff”), an employee of the California Department of

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Justice (“DOJ”), sued Defendants DOJ, Larry Wallace, Nathan DaValle, Brent E. Orick, and

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Catherine Gauthier (“Defendants”) in connection with the DOJ’s “handling of an internal affairs

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investigation initiated on the basis of a citizen’s complaint.”1 (ECF No. 24 at 1–3.) On February

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17, 2016, this Court granted Defendants’ motion for summary judgment (ECF No. 8), denied

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Plaintiff’s motion for summary judgment (ECF No. 12), and ordered the Clerk of the Court to

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enter judgment in Defendants’ favor. (ECF No. 24.)
In an unpublished memorandum filed September 26, 2017, the Ninth Circuit affirmed this

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Court’s grant of summary judgment in favor of DOJ on Plaintiff’s claim for damages under the

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California Public Safety Officers Procedural Bill of Rights Act (“POBR”). (ECF No. 34 at 2–3.)

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Individual Defendants were sued in their representative capacities.

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However, the Ninth Circuit held that Plaintiff “lack[ed] standing to assert a claim for equitable

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relief under either the First Amendment or the POBR.” (ECF No. 34 at 2.) Accordingly, the

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Ninth Circuit “vacate[d] [this Court’s] denial on the merits of [Plaintiff’s] request for injunctive

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and declaratory relief and remand[ed] with instructions to dismiss the equitable relief claims

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without prejudice for lack of standing.” (ECF No. 34 at 2.) The Ninth Circuit issued its formal

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mandate on October 18, 2017, indicating that its judgment took effect that same day. (ECF No.

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35 at 1.)

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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.

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Dated: October 20, 2017

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Troy L. Nunley
United States District Judge

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