United States Supreme Court

In a 42 U. S. C. section 1983 action alleging that defendants had violated the First Amendment by firing plaintiff-public employee in retaliation for testifying against another official in the organization, summary judgment for defendant holding that the individual-capacity claims were barred by qualified immunity and the official-capacity claims were barred by the Eleventh Amendment is: 1) reversed in part, where the First Amendment protects a public employee who provides truthful sworn testimony, compelled by subpoena, outside the scope of his ordinary job responsibilities; 2) affirmed in part, where defendant Franks is entitled to qualified immunity for the claims against him in his individual capacity; and 3) reversed in part and remanded, where the Eleventh Circuit did not consider the dismissal of the claims against defendant Burrows, the successor president of the organization, in her official capacity.

Appellate Information

• Decided 06/19/2014
• Published 06/19/2014

Judges

• SOTOMAYOR

Court

• United States Supreme Court

Counsel