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Constitutional Law Keyed to Choper
Garcetti v. Ceballos
Citation:
547 U.S. 410 (2006)Facts
Richard Ceballos worked as a calendar deputy in the Los Angeles County District Attorney’s Office, exercising supervisory responsibilities over other attorneys. In February 2000, a defense attorney contacted Ceballos about alleged inaccuracies in an affidavit used to obtain a search warrant in a pending criminal case. After examining the affidavit and visiting the location it described, Ceballos determined the affidavit contained serious misrepresentations regarding the description of a driveway and the presence of tire tracks. Ceballos relayed his concerns to his supervisors, petitioners Carol Najera and Frank Sundstedt, and prepared a disposition memorandum recommending dismissal of the case. A meeting was held to discuss the affidavit, which allegedly became heated. Despite Ceballos’s concerns, Sundstedt decided to proceed with the prosecution. Ceballos was called to testify at the hearing on the motion to traverse the warrant, but the trial court rejected the challenge. Subsequently, Ceballos claimed he suffered retaliatory actions including reassignment from his calendar deputy position to a trial deputy position, transfer to another courthouse, and denial of a promotion.
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