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TICHININ v. CITY OF MORGAN HILL

No. H031019.

177 Cal.App.4th 1049 (2009)

BRUCE TICHININ et al., Plaintiffs and Appellants, v. CITY OF MORGAN HILL, Defendant and Respondent.

Court of Appeals of California, Sixth District.

September 21, 2009.

Attorney(s) appearing for the Case

Mesirow & Fink, Steven M. Fink; Law Offices of Bruce Tichinin and Bruce Tichinin for Plaintiffs and Appellants.

Burton, Volkmann & Schmal, Timothy J. Schmal and Burleigh E. Sabin for Defendant and Respondent.

OPINION

RUSHING, P. J.—

I. STATEMENT OF THE CASE

In 2004, the Morgan Hill City Council adopted a resolution that condemned Bruce Tichinin, a local attorney, for hiring a private investigator to conduct surveillance of the city manager and then denying that he had done so. Thereafter, Tichinin filed an action against the city under 42 United States Code section 1983 (hereafter 1983 action) alleging that the city unlawfully retaliated...

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