United States Eleventh Circuit

Summary judgment for defendants, against plaintiff's First Amendment retaliation and False Claims Act claims in case alleging fraudulent mishandling and mismanagement of Federal financial aid funds, is affirmed as: 1) plaintiff's retaliation claim fails since the First Amendment protects speech on matters of public concern made by a government employee speaking as a citizen, not as an employee fulfilling official responsibilities; and 2) plaintiff is no original source as defined under the False Claims Act, since she lacked direct and independent knowledge of the publicly disclosed information on which her claims are based.

Appellate Information

• Decided 10/25/2006
• Published 10/25/2006

Judges

• PER CURIAM:, Before EDMONDSON, Chief Judge, and BLACK and FAY, Circuit Judges.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• William T. Mitchell, Robyn Oliver Webb, Cruser & Mitchell, LLP, Norcross, GA, Mina Rhee, Atlanta, GA, for Plaintiffs-Appellants.


• For Appellees:
  
• Amy Levin Weil, Atlanta, GA, Adam Lowell Appel, Carlock, Copeland, Semler & Stair, LLP, Vincent A. Toreno, Christie, Toreno & Hatcher, LLP, Mark A. Barber, Annette Simelaro, Hall, Booth, Smith & Slover, P.C., Atlanta, GA, Michael E. Robinson, Douglas N. Letter, U.S. Dept. of Justice, Civ. App. Div., Washington, DC, for Defendants-Appellees.