062368P.pdf   06/20/2007  Kathy Davison  v.  City of Minneapolis
   U.S. Court of Appeals Case No:  06-2368
   U.S. District Court for the District of Minnesota - Minneapolis   
   [PUBLISHED][Gruender, Author, with Colloton and Bright, Circuit
   Judges]
   Civil case - employment discrimination. District court erred in granting
   defendant fire chief summary judgment on plaintiff's claim that she was
   denied a promotion to the position of arson investigator in retaliation for
   her public comments on the City's fire department as there was sufficient
   evidence to create a genuine issue of material fact as to whether her
   protected association and speech activities were a substantial or
   motivating factor in the chief's decisions not to promote her; the evidence
   that the fire chief knew of the protected activities and expressed
   displeasure with them, in combination with the proximity of three
   promotion denials, constitutes sufficient evidence to create a genuine
   issue of material fact as to whether the decisions were at least in part
   motivated by plaintiff's constitutionally protected activities; there was
   also sufficient evidence to create a genuine issue of material fact as to
   whether the chief would have made the same decision in the absence of
   plaintiff's activity; district court did not err in granting City's motion 
   for summary judgment, however, as there was no evidence of a policy,
   officially adopted and promulgated by the City, or a practice, so
   permanent and well-settled so as to constitute a custom, that existed and
   through which the chief acted to deny plaintiff's promotion; without
   authority delegated to him, either by the City Charter or Code of
   Ordinances, to make final municipal policy regarding employment
   practices, the chief's final decision-making authority regarding whom to
   promote is insufficient to subject the City to liability for his actions. 
   Judge Colloton, concurring in the judgment and dissenting in part.