Procedural Posture

Pursuant to 42 U.S.C. § 1983, plaintiffs, a law firm and its attorneys, sued defendants, a school district and its former and current officials, for violation of plaintiffs' First Amendment rights. The Los Angeles County Superior Court, California, dismissed the district and granted a nonsuit to certain defendants. A jury returned a special verdict in favor of the nondismissed defendants. Both plaintiffs and the nondismissed defendants appealed.

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Plaintiffs alleged that defendants first reduced the use of plaintiffs' legal services, and then withdrew the district's cases after plaintiffs filed a government claim for damages, in retaliation for plaintiffs' refusal to support the political campaigns of two candidates for elective office. The court concluded that the trial court properly granted the nonsuit. The only evidence that plaintiffs cited on appeal against the dismissed defendants was the purported fact that, as members of the school board, they did not "reverse" the actions of the nondismissed defendants or investigate plaintiffs' claim. There was no evidence that, once plaintiffs' government claim was made, the claim itself was handled in a manner that violated their civil rights. The trial court also properly denied plaintiffs' motion for judgment notwithstanding the verdict. The district had the absolute right under Code Civ. Proc., § 284, to discharge the firm with or without cause. Substantial evidence supported the jury's conclusion that defendants did not intentionally seek to deprive plaintiffs of their right to free speech. The trial court also properly awarded attorney fees to the dismissed defendants.

Outcome

The judgment was affirmed, and the cross-appeal by the nondismissed defendants was dismissed as moot.