Judge Rejects San Francisco DA's Bid to Dismiss Whistleblower Retaliation Suit

In a mixed-bag summary-judgment decision, Senior U.S. District Judge Jeffrey White denied San Francisco District Attorney Brooke Jenkins’ motion to dismiss former investigator Jack Arne Friedman’s retaliation claim. White highlighted numerous contested facts that block a summary-judgment ruling, especially regarding whether protected disclosures influenced Friedman's placement on leave and eventual termination. While the judge upheld the DA’s justification for a gag order during an internal investigation into Friedman’s conduct related to the arrest warrant for officer Christopher Samayoa, he found the retaliation allegations unsubstantiated by the record.

Friedman’s suit, stemming from the 2017 shooting by Samayoa that killed suspect Keita O’Neil, argues that Jenkins violated his First Amendment rights and retaliated for whistleblowing. The case, filed in October 2023, has survived two prior dismissals and is set to move forward, according to his attorney Sonya Mehta. The City Attorney’s Office has not responded to comment requests.