United States Third Circuit

Order dismissing plaintiff's First Amendment retaliation claims against defendants is vacated and remanded for further proceedings, where: 1) the district court applied an incorrect standard in determining whether the facts alleged in the complaint set forth a claim for relief; and 2) though plaintiff is a former Chief Public Defender for defendant County, under the Supreme Court's recent decision in Lane v. Franks, he pled facts sufficient to allege that he spoke as a citizen.

Appellate Information

• Decided 01/15/2015
• Published 01/15/2015

Judges

• Jordan

Court

• United States Third Circuit

Counsel