United States Ninth Circuit

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Stilwell v. City of Williams, 14-15540

In a suit brought by a City employee who alleged that he was fired for planning to testify against the City in a lawsuit relating to age discrimination, the District Court's grant of summary judgment to defendant is vacated and remanded where: 1) plaintiff was engaged in speech as a citizen for First Amendment purposes because his sworn statements and imminent testimony about the City's retaliatory conduct were outside the scope of his ordinary job duties and were on a matter of public concern; and 2) he retaliation provision of the Age Discrimination in Employment Act (ADEA), did not preclude plaintiff’s 42 U.S.C. section 1983 First Amendment retaliation claim.

Appellate Information

  • Decided
  • Published 2016/08/05

Judges

  • FRIEDLAND

Court

  • United States Ninth Circuit

Counsel

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