United States Eighth Circuit

In an employee's action against a chief of a fire department and city raising claims of unlawful retaliation in violation of her First Amendment rights to freedom of speech and freedom of association, summary judgment for defendants is affirmed in part as to the city, but reversed in part as to the chief where plaintiff's evidence regarding certain promotions, which was directly contrary to the chief's testimony, was sufficient to create a genuine issue of material fact as to whether the chief would have made the same decision in the absence of her protected activities.

Appellate Information

• Decided 06/20/2007
• Published 06/20/2007

Judges

• GRUENDER, Circuit Judge., Before COLLOTON, BRIGHT, and GRUENDER, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Counsel who presented argument on behalf of the appellant was Heidi R. Burakiewicz of Washington, DC.   Also appearing on appellant's brief were Thomas A. Woodley, Douglas L. Steele, Eric C. Hallstrom of Washington, DC, and James P. Michels and Ann E. Walther of Minneapolis, MN.


• For Appellees:
  
• Counsel who presented argument on behalf of the appellee was Joel M. Fussy of Minneapolis, MN.   Also appearing on appellee's brief, was Jay M. Heffern of Minneapolis, MN.