San Francisco DA whistleblower moves retaliation claim forward - Courthouse News
OAKLAND, Calif. (CN) — A federal judge denied San Francisco District Attorney Brooke Jenkins’ push to toss a retaliation claim against an investigator over his termination related to a 2017 officer-involved shooting investigation.
In a mixed-bag ruling on summary judgment, Senior U.S. District Judge Jeffrey White denied the district attorney’s motion for judgment on former district attorney investigator Jack Arne Friedman’s retaliation claim.
“With regard to the reasons for the adverse employment actions taken against plaintiff, the record is replete with disputed issues of fact precluding summary judgment,” the George W. Bush appointee wrote in his seven-page order.
“Whether or how much the protected complaints factored into the decisions to investigate plaintiff, place him on administrative leave, and ultimately to terminate him are open factual questions,” he wrote.
Friedman filed suit in October 2023, claiming Jenkins violated his First Amendment rights by restricting his ability to speak on matters of great public concern and broke the law by retaliating against him for making protected disclosures to the public.
While White didn’t find the district attorney’s arguments against the retaliation claim compelling, he said Jenkins’ reasons for issuing a gag order on Friedman, following Jenkins’ reversal to press charges against San Francisco police officer Christopher Samayoa, were justified.
“Plaintiff’s First Amendment claim fails because although arguably plaintiff’s...
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