United States Fifth Circuit

In an action brought by plaintiff under 42 U.S.C. section 1983 for retaliatory discharge in violation of the First Amendment, denial of defendant's summary judgment motion seeking dismissal based on qualified immunity is affirmed in part, but reversed in part on the issue of whether plaintiff's speech was entitled to First Amendment protection insofar as it relates to those aspects of plaintiff's speech that were made as an employee, rather than as a citizen.

Appellate Information

• Decided 02/21/2008
• Published 02/22/2008

Judges

• W. EUGENE DAVIS, Circuit Judge:, Before DAVIS, STEWART and OWEN, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Martin A. Shellist (argued), Shellist Lazarz, Houston, TX, for Davis.


• For Appellees:
  
• William T. Deane, Asst. Atty. Gen. (argued), Austin, TX, for Defendants-Appellants.