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City Liable for Retaliation Against Cop Whistleblower and Code of Silence
The plaintiff police officer reported misconduct by other officers that resulted in their suspension. At 943: "Blair had the right under the First Amendment to inform his superiors of misconduct in the police department." He was then subjected to an intense course of retaliation and threats. The district court erred in granting summary judgment for the municipality. At 944: This evidence, if believed, and the inferences it would support,
would justify the conclusion that the Department had a custom, approved by its policy-makers, of at the very least deliberate indifference to the right of a member of the Department to report to a superior the misconduct of a fellow officer. The seriousness of such a custom and the need of a civil rights remedy for it is underlined by what has been observed around the country as to the code of silence in police departments.
The court goes on to comment about additional evidence of the code of silence in the LAPD, taking judicial notice of the Christopher Commission report and noting another district court finding that the code persisted notwithstanding that report's findings and recommendations. See: Blair v. City of Pomona, 206 F.3d 938 (9th Cir. 2000).
would justify the conclusion that the Department had a custom, approved by its policy-makers, of at the very least deliberate indifference to the right of a member of the Department to report to a superior the misconduct of a fellow officer. The seriousness of such a custom and the need of a civil rights remedy for it is underlined by what has been observed around the country as to the code of silence in police departments.
The court goes on to comment about additional evidence of the code of silence in the LAPD, taking judicial notice of the Christopher Commission report and noting another district court finding that the code persisted notwithstanding that report's findings and recommendations. See: Blair v. City of Pomona, 206 F.3d 938 (9th Cir. 2000).
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Related legal case
Blair v. City of Pomona
| Year | 2000 |
|---|---|
| Cite | 206 F.3d 938 (9th Cir. 2000) |
| Level | Court of Appeals |
| Injunction Status | N/A |