United States Third Circuit

In a First Amendment retaliation action, district court's grant of summary judgment in favor of defendant is affirmed where: 1) plaintiff's speech was not protected by the First Amendment as he did not speak as a citizen and his speech was not a matter of public concern; 2) plaintiff's speech was not a substantial factor behind defendant's allegedly retaliatory decision to terminate plaintiff's employment; and 3) defendant would have recommended terminating plaintiff irrespective of his speech for his violations of the academic code.

Appellate Information

• Decided 03/27/2009
• Published 03/27/2009

Judges

• Before:  SCIRICA, Chief Judge, AMBRO, and SMITH, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Gregg L. Zeff, Esquire, Niev E. Lindbloom, Esquire, Frost & Zeff, Philadelphia, PA, for Appellant.


• For Appellees:
  
• Robert L. Duston, Esquire, Saul Ewing, Washington, DC, for Appellees.