Nelson Walker, and Fair Housing Foundation of Long Beach, Counter-Claimant-Appellant v. City of Lakewood, a California Municipality, 272 F.3d 1114 (2001)

Citation: Nelson Walker, and Fair Housing Foundation of Long Beach, Counter-Claimant-Appellant v. City of Lakewood, a California Municipality, 272 F.3d 1114 (2001)
Parent Document: Nelson Walker, and Fair Housing Foundation of Long Beach, Counter-Claimant-Appellant v. City of Lakewood, a California Municipality, 272 F.3d 1114 (2001)
Jurisdiction: United States (federal)
Effective Date: 2001-11-01
Original Source: https://www.courtlistener.com/opinion/775731/nelson-walker-and-fair-housing-f... ↗

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427 U.S. at 352, 96 S.Ct. 2673, Justice Brennan, delivering the opinion of the court, explained that the determination “whether the politically motivated discharge of employees ... comports with the limitations of the First and Fourteenth Amendments [is] solely a question of constitutional interpretation, a function ultimately the responsibility of this Court.” After considering the various approaches, we think the question is best characterized as a mixed question of fact and law. Determining the particular duties of a position is a factual question, while determining whether those duties ultimately make that position a policymaking or confidential question is a question of law. As with all mixed questions, we conduct a de novo review. United States v. City of Spokane, 918 F.2d 84, 86 (9th Cir.1990). This analysis is not intended to be formalistic. In Fazio,

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