United States Fourth Circuit

In a 42 U.S.C. section 1983 action alleging that Defendants violated Plaintiff's First Amendment rights by retaliating against him for releasing an internal police memorandum, the complaint's dismissal is vacated, where there was a dispute as to whether Plaintiff released the memorandum as part of his official duties.

Appellate Information

• Decided 04/02/2009
• Published 04/02/2009

Judges

• Before WILLIAMS, Chief Judge, WILKINSON, Circuit Judge, and Arthur L. ALARCÓN, Senior Circuit Judge of the United States Court of Appeals for the Ninth Circuit, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Howard Benjamin Hoffman, Rockville, Maryland, for Appellant.  Bonnie Ilene Robin-Vergeer, Public Citizen Litigation Group, Washington, D.C., for Amici Supporting Appellant.  William Rowe Phelan, Jr., Baltimore City Department of Law, Baltimore, Maryland, for Appellees.   ON BRIEF:  Karen Stakem Hornig, Chief Legal Counsel, Office of Legal Affairs, Baltimore Police Department, Baltimore, Maryland;  George A. Nilson, City Solicitor, Baltimore City Department of Law, Baltimore, Maryland, for Appellees.  Larry H. James, Christina L. Corl, Lindsay L. Ford, Crabbe, Brown & James, L.L.P., Columbus, Ohio, for National Fraternal Order of Police, Amicus Supporting Appellant.