United States Sixth Circuit

In an action claiming that defendants violated the Fair Labor Standards Act (FLSA) and retaliated against plaintiff's exercise of First Amendment rights when she received a two-day suspension after a conversation with a co-worker, as well as when she was terminated allegedly due to her discussions with a local newspaper reporter, summary judgment for defendants are reversed in part where: 1) the district court correctly found that defendant-agency is a state actor subject to suit under section 1983; and 2) contrary to the ruling below, plaintiff's speech did relate to a matter of public concern and that her FLSA claims were timely.

Appellate Information

• Decided 09/08/2008
• Published 09/08/2008

Judges

• Before: MOORE and SUTTON, Circuit Judges;  ALDRICH, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Kim A. Higgs, Law Office, Bay City, Michigan, for Appellant.  Brian K. Elder, Bay City, Michigan, for Appellees.   ON BRIEF:  Kim A. Higgs, Law Office, Bay City, Michigan, for Appellant. Brian K. Elder, Bay City, Michigan, for Appellees.