Lumpkin v. Jordan
Court of Appeal of California
57 Cal. Rptr. 2d 303 (1996)
San Francisco Mayor Frank Jordan (defendant) appointed Reverend Eugene Lumpkin, Jr. (plaintiff) to the city’s human rights commission (Commission). The following year, Lumpkin publicly called homosexuality a sin. After Jordan declined to remove Lumpkin from the Commission, the San Francisco Board of Supervisors adopted a resolution seeking Lumpkin’s resignation or removal in order to “restore public confidence” in the Commission, particularly its work promoting equality and respect for gay and lesbian residents. A month later, Lumpkin publicly asserted that he believed everything stated in the Bible, including that homosexuals should be put to death. When Lumpkin refused to resign from the Commission, Jordan removed him. Lumpkin filed a lawsuit against Jordan and the City and County of San Francisco (City) (defendants) in a California state court, alleging that he had been terminated solely on account of his religious beliefs in violation of his federal constitutional rights protected by 42 U.S.C. § 1983 and state rights under the California Fair Employment and Housing Act (FEHA). The case was removed to federal court, where the defendants moved for summary judgment. The court granted summary judgment to the defendants on the § 1983 claims, concluding that Lumpkin’s removal was attributable to legitimate secular concerns over facilitating the goals of the Commission and averting public controversy. The court declined to exercise supplemental jurisdiction over the FEHA claims. Lumpkin appealed to the Ninth Circuit. Pending resolution of that appeal, Lumpkin refiled his FEHA claims against Jordan and the City in state court. The defendants demurred to the complaint on the basis of collateral estoppel. The trial court agreed and granted a demurrer to Lumpkin’s FEHA action. Lumpkin appealed.
Rule of Law
Holding and Reasoning (Champlin, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 174,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.