United States Eighth Circuit

In a 42 U.S.C. section 1983 suit against a city and its police chief alleging retaliation in violation of the First Amendment for plaintiff's support of a competing candidate for chief, summary judgment for defendants is affirmed where: 1) the district court did not err in concluding plaintiff's lawsuit to obtain confidential information about an employee was not protected speech; 2) a committee's decision to hold additional interviews after a meeting was not an adverse employment action; and 3) with regards to her reassignment, plaintiff did not present sufficient evidence to create an inference of retaliatory motive and failed to establish a prima facie case.

Appellate Information

• Decided 06/04/2007
• Published 06/04/2007

Judges

• MURPHY, Circuit Judge., Before WOLLMAN, JOHN R. GIBSON, and MURPHY, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Charles T. Hvass, Jr., argued, Minneapolis, MN, for appellant.


• For Appellees:
  
• James A. Moore, argued, Assistant City Attorney, Minneapolis, MN (Lisa Needham, Asst. City Attorney, on the brief), for appellee.