United States Ninth Circuit

In a public employee First Amendment case, summary judgment for defendant is reversed where: 1) plaintiff has spoken on a matter of public concern; 2) the state lacks an adequate justification for treating the employee differently from any other member of the general public; and 3) there is a genuine and material dispute as to the scope and content of plaintiff's employment duties.

Appellate Information

• Argued 08/28/2008
• Decided 10/15/2008
• Published 10/15/2008

Judges

• HAWKINS, Circuit Judge:, Before: HAWKINS, M. MARGARET McKEOWN, and JAY S. BYBEE, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• John M. West (presented argument and authored briefs), Bredhoff & Kaiser, Washington, D.C., for the plaintiff-appellant.


• For Appellees:
  
• Mark D. Sebastian (presented argument) and Brian K. Julian (authored brief), Anderson, Julian & Hull, LLP, Boise, ID, for the defendants-appellees.