United States Ninth Circuit

In an action alleging constitutional violations by state regulators of boarding homes, denial of defendants' motion for summary judgment based on qualified immunity is affirmed where: 1) plaintiff made an initial showing that its constitutionally protected speech activity was a substantial or motivating factor in defendant's regulatory decision; 2) defendants failed to show that the constitutional rights at issue were not clearly established; and 3) the public concern requirement and Pickering balancing test do not apply to First Amendment retaliation claims in the regulated entity context.

Appellate Information

• Argued 06/05/2008
• Decided 09/25/2008
• Published 09/25/2008

Judges

• CALLAHAN, Circuit Judge:, Before: FERDINAND F. FERNANDEZ and CONSUELO M. CALLAHAN, Circuit Judges, and IRMA E. GONZALEZ, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Robert M. McKenna, Attorney General for the State of Washington, Olympia, WA, D. Thomas Wendel (Argued), Assistant Attorney General for the State of Washington, on behalf of defendants-appellants Pat Lashway, et al., Paul A. Lindenmuth, Esq., Law Offices of Ben F. Barcus & Associates, P.L.L.C., Tacoma, WA, on behalf of plaintiffs-appellees CarePartners, LLC, et al.