NBC 7 journalist Dorian Hargrove is captivating a federal judge’s selection last month to dismiss his lawsuit against the metropolis of San Diego.

Hargrove’s legal professionals submitted an appeal Thursday with the 9th U.S. Circuit Courtroom of Appeals, which has jurisdiction around the U.S. District Courtroom in San Diego.

The two-web page submitting does not make clear why the situation need to be reconsidered.

Hargrove sued Metropolis Legal professional Mara Elliott and her leading lieutenant, Assistant Metropolis Attorney John Hemmerling, in August expressing they violated his free-speech legal rights previous year, but Choose Cathy Ann Bencivengo dismissed the circumstance previous month.

Bencivengo turned down the claim that Hargrove was denied his potential to function as a journalist right after Elliott’s workplace publicly criticized him for a story that was later on partially retracted by NBC 7 in 2020.

A producer for the San Diego NBC affiliate, Hargrove was between the optimum-profile reporters masking the city’s lease-to-possess invest in of the former Sempra Power headquarters at 101 Ash St.

The 19-tale high increase has been unsafe to occupy for several years, even although the town has invested additional than $60 million on lease payments, upgrades and maintenance considering that town officers and Elliott’s office permitted the “as-is” acquisition in 2016.

The lease is now mired in civil litigation and is the topic of a felony investigation opened past calendar year by District Lawyer Summer time Stephan.

Hargrove was one particular of two NBC 7 reporters whose bylines appeared on a September 2020 tale that implied Elliott experienced impeded an outdoors assessment of the transaction by protecting against a law firm’s investigators from talking to former Metropolis Council member Todd Gloria, who built the initial movement to approve the deal in 2016.

Both of those Elliott and Gloria denied the assertion.

The NBC report, printed two months ahead of the election in which Elliott was searching for re-election and Gloria was managing for mayor, was based mostly on a footnote in a confidential report.

City officials and the authors of the confidential report mentioned the footnote was fabricated. Elliott criticized NBC 7 and Hargrove in specific.

The news outlet afterwards retracted the portion of the tale that was centered on “Fabricated Footnote 15” and announced it experienced suspended Hargrove.

Hargrove alleged in his lawsuit that he was publicly disciplined by NBC 7 at the request of Elliott or another person else in her office environment.

A selection by the federal appeals court is likely to choose months.