United States Ninth Circuit

In this action brought by plaintiff-employee alleging that she was retaliated against in violation of her First Amendment rights, summary judgment in favor of defendants is reversed in part where: 1) the district court erred by dismissing as trivial evidence of multiple adverse employment actions, that, even if viewed in isolation, could deter protect speech; 2) there was evidence that plaintiff’s workplace transfers came shortly after plaintiff’s acts of speech, and that the business justifications were pretextual; and 3) plaintiff presented a genuine factual dispute as to whether an internal investigation was retaliatory. Judgment is affirmed in part, as to two other internal investigations and as to an inquiry about the possibility of limiting plaintiff’s release time.

Appellate Information

• Decided 08/18/2014
• Published 08/18/2014

Judges

Court

• United States Ninth Circuit

Counsel