This case stems from an op-ed that was authored by the client, a deputy district attorney. In his op-ed, the client addressed concerns about the rise in violence against the Asian community. His piece was published in a local newspaper. Shortly after the op-ed appeared, the client was suspended for ten days.
Two arbitration proceedings and a personnel board hearing were held relating to the suspensions and subsequent termination of the client. In September 2021, the client filed a complaint against the district attorney and the County of Santa Clara based on the violation of his First Amendment rights. The County was dismissed as a party and the sole defendant is the District Attorney.
The U. S. District Court granted the District Attorney’s Motion for Summary Judgment in July 2023, which was later reversed on appeal by the Ninth Circuit Court of Appeals. The matter is set to go to trial in 2026.