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063299P.pdf   06/26/2007  Charles D. Lindsey  v.  City of Orrick
   U.S. Court of Appeals Case No:  06-3299
   U.S. District Court for the Western District of Missouri - Kansas City   
   [PUBLISHED] [Bye, Author, with Wollman and Smith, Circuit
   Judges]
Civil case - civil rights. District court did not err in determining plaintiff's speech was made as a citizen and was on a matter of public concern; district court erred in determining defendant Taylor had met her burden to trigger the Pickering balancing test as she failed to demonstrate, with specificity, that plaintiff's public speech created workplace disharmony, impeded his performance or impaired work relationships; plaintiff's First Amendment rights were so clearly established that a reasonable official would have know that firing him for speaking about perceived violations of Missouri's sunshine law was unlawful; question of whether defendant Taylor was the decision maker in the process was beyond the scope of this interlocutory appeal on qualified immunity issues.