United States Ninth Circuit

Summary judgment for defendant in a 42 U.S.C. section 1983 action by plaintiff university professor who alleged that defendant university administrators retaliated against him in violation of the First Amendment for distributing certain written works, is: 1) affirmed in part, where the district court properly determined that plaintiff prepared and circulated the pamphlet pursuant to official duties; and 2) reversed in part and remanded, where the district court erred in finding that the pamphlet did not address matters of public concern under Pickering v. Board of Education, 391 U.S. 563 (1968). There is insufficient evidence in the record to show that the in-progress book triggered retaliation against plaintiff, and defendants are entitled to qualified immunity from damages.

Appellate Information

• Decided 09/04/2013
• Published 09/04/2013

Judges

• FLETCHER

Court

• United States Ninth Circuit

Counsel