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Civil Rights: First Amendment Speech-Retaliation
Staff Report//March 10, 2020//
Where a sergeant sued members of the highway patrol claiming that adverse employment actions were taken against him in retaliation for his protected First Amendment speech, the district court properly found that the appellant failed to show a First Amendment violation, so the defendants were entitled to qualified immunity, and because the non-testimonial speech was not protected by the First Amendment, the speech could serve as a legitimate ground for an adverse employment action and the judgment is affirmed because the appellant failed to show pretext.
Judgment is affirmed.
Henry v. Johnson (MLW No. 74571/Case No. 18-3298 – 13 pages) (U.S. Court of Appeals, 8th Circuit, Grasz, J.) Appealed from U.S. District Court, Western District of Missouri, Epps, J. (Jonathan Cornwall Pleban, St Louis, argued for appellant; Lynette Marie Petruska appeared on the brief) (Christopher R. Wray, Jefferson City, argued for appellee; Jordan Lisle Williams appeared on the brief).
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