The court of appeals affirmed a district court judgment. The court held that a police officer’s grand jury testimony regarding an investigation into corruption in a city police department was not protected under the First Amendment for purposes of the officer’s employment retaliation claim where the officer’s testimony fell plainly within the scope of his duties as a California peace officer.

Former Pittsburg, California, Police Department Officers Ron Huppert and Javier Salgado filed a federal civil rights action against the City of Pittsburg and certain individual defendants pursuant to 42 U.S.C. §1983.