Judges: Reinhardt, Tashima, Molloy (D. Mont.). Oral argument: 4/19/17, San Francisco. Prediction if I dare: Reversed.
Janelle Perez sued the City after losing her job with its police department. The City believes that she was engaging in an extramarital relationship with another married police officer. Since she was only a probationary employee, the PD fired her.
She sued under what appears to be a set of constitutional theories. The District Court dismissed on summary judgment. At argument, the panel was relatively quiet with Perez’s counsel. Judge Reinhardt honed in aggressively on the City’s counsel, repeatedly pressing her on what facts supported the view that Perez had engaged in relationship-misconduct while on duty as opposed to off duty (answer: not much).