042770P.pdf   08/23/2005  Vicky Meyers  v.  Joyce Starke
   U.S. Court of Appeals Case No:  04-2770
   District of Nebraska   
   [PUBLISHED] [Smith, Author, with Murphy and Bye, Circuit Judges] 
   Civil case - Civil rights. While this court held in an earlier opinion in 
   the case that Meyers's speech was protected, the magistrate judge did not 
   err in allowing the issue of causation -whether defendant's workplace 
   actions affecting plaintiff's employment were motivated by Meyers's 
   speech - to go to the jury; magistrate judge did not err in refusing to 
   permit plaintiff to amend her complaint to add a claim under 42 U.S.C. 
   Sec. 1985(2); magistrate judge did not err in granting judgment as a 
   matter of law for two of the defendants as the evidence showed they did 
   not have authority to transfer plaintiff; nor did the court err in granting a 
   third defendant's Rule 50(b) motion as the evidence showed that 
   plaintiff's transfer was not an adverse employment action. Judge Bye, 
   concurring in part and dissenting in part.