United States Fourth Circuit

Summary judgment in favor of defendant-district attorney in plaintiff's 42 U.S.C. section 1983 action alleging that he was fired for exercising his free-speech rights in violation of the United States and North Carolina Constitutions is reversed and remanded, where: 1) the district court erred in granting summary judgment against plaintiff on his First Amendment claim on the basis of qualified immunity; and 2) for the same reasons, the district court also erred in granting summary judgment against plaintiff on his North Carolina constitutional claim.

Appellate Information

• Decided 05/14/2014
• Published 05/14/2014

Judges

• TRAXLER

Court

• United States Fourth Circuit

Counsel