Gutierrez v. Rodriguez
Plaintiff and appellant Alberto Gutierrez was a teacher at San Fernando High School (SFHS). Defendants and respondents Jose Luis Rodriguez, Kelly Welsh, Kenneth Lee, and Deborah Jelin were administrators at SFHS. Gutierrez alleged in his third amended complaint that defendants retaliated against him for expressing his views regarding purported deficiencies at SFHS and the school district in off-campus public venues, and for participating in off-campus political activities. Defendants conduct, Gutierrez alleged, violated his rights under the First Amendment to the United States Constitution. In his third amended complaint, Gutierrez asserted one cause of action for violation of civil rights pursuant to 42 U.S.C. 1983. Defendants filed a demurrer to the third amended complaint on the ground that it did not state facts sufficient to constitute a cause of action. The trial court sustained the demurrer without leave to amend, and then entered judgment in favor of defendants. Gutierrez appeals from that judgment. We reverse the judgment because we hold that the third amended complaint states sufficient facts to constitute a 42 U.S.C. 1983 cause of action.
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