DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
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.