United States Tenth Circuit
Couch v. Bd. of Trustees of Mem. Hosp. of Carbon County, 08-8001
In a 42 U.S.C. section 1983 action alleging that defendant-hospital board deprived plaintiff-physician of his First Amendment right of free speech through a campaign of retaliation against him for speaking out about substance abuse at the hospital, summary judgment for defendants is affirmed where neither the hospital's investigation of plaintiff nor its warning letter to him constituted an adverse employment action for First Amendment purposes.
Appellate Information
- Decided 11/17/2009
- Published 11/17/2009
Judges
- EBEL, Circuit Judge., Before TACHA, EBEL, and HARTZ, Circuit Judges.
Court
- United States Tenth Circuit
Counsel
- For Appellant:
- Elizabeth A. Phelan (Gregory R. Piché and Mark B. Wiletsky, with her on brief), of Holland & Hart LLP, Boulder, CO, for Appellant.
- For Appellees:
- Janet Schroer (Monty Barnett, John Lebsack and James M. Meseck on brief), of White and Steele, P.C., Denver, CO, for Appellees.