United States Tenth Circuit

In action brought by former building code inspector against his former employer-city claiming his discharge was in retaliation for his reporting certain suspected illegality to the state Bureau of Investigation, summary judgment for all defendants is affirmed in part and reversed in part where: 1) plaintiff's speech was not made pursuant to his professional duties and was therefore constitutionally protected; 2) the question of whether he was fired for that speech is a matter of disputed fact; but 3) defendant-mayor was entitled to summary judgment as he did not personally participate in the alleged violation of plaintiff's constitutional rights.

Appellate Information

• Decided 12/03/2008
• Published 12/04/2008

Judges

• McCONNELL, Circuit Judge., Before MURPHY, McKAY and McCONNELL, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Mark Hammons, Hammons & Associates (Tamara L. Gowens, with him on the brief), Oklahoma City, OK, for Plaintiff-Appellant.


• For Appellees:
  
• David W. Lee, Lee & Gooch, P.C. (Ambre C. Gooch, with him on the brief), Oklahoma City, OK, for Defendant-Appellees City of Blanchard, Bill Edwards and Monte Ketchum., David W. Kirk, Lytle, Soulé & Curlee, P.C. (Robert Ray Jones, Jr., with him on the brief), for Defendant-Appellee Tom Sacchieri.