Perez v. City of Roseville

Janelle Perez (plaintiff), a probationary police officer with the Roseville Police Department (the department) (defendant), had an extramarital affair with another police officer, Shad Begley. Both Perez and Begley were married. Begley’s wife filed a citizen’s complaint about the affair, which prompted an internal investigation. The investigation determined that Begley and Perez were having an affair but that they had never engaged in sexual conduct while on duty. The department issued written reprimands to both Begley and Perez, citing unsatisfactory work performance and conduct unbecoming an officer. Department officials involved in the reprimand decision later expressed moral disapproval of Begley and Perez’s affair. A few weeks later, Perez was terminated, allegedly for reasons unrelated to the affair. It was undisputed that Perez’s job performance was at or above average. Perez filed a § 1983 action against the City of Roseville (defendant) and the department (collectively, the city) alleging that the termination violated her constitutional rights to privacy and intimate association. The district court granted the city summary judgment, holding that the city was entitled to qualified immunity because Perez did not have a constitutional right to engage in an extramarital affair with Begley. Perez appealed.