United States Tenth Circuit

In a First Amendment action by a public employee alleging she was retaliated against based on her criticism of her employer, denial of summary judgment for defendant based on qualified immunity is affirmed where the content of plaintiff's speech strongly suggested plaintiff was communicating with her supervisor pursuant to her employment duties, and thus, that she was not entitled to First Amendment protection.

Appellate Information

• Decided 02/18/2010
• Published 02/18/2010

Judges

• MURPHY, Circuit Judge., Before MURPHY, BALDOCK, and HARTZ, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Robyn Hoffman (Stephen G. French with her on the briefs), French & Associates, P.C., Albuquerque, NM, for Defendants-Appellants., Aimee S. Bevan (Daniel J. O'Friel and Pierre Levy with her on the brief), O'Friel and Levy, P.C., Santa Fe, NM, for Plaintiff-Appellee.