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.
063625P.pdf 08/15/2007 Charles E. Gunter v. William J. Morrison
U.S. Court of Appeals Case No: 06-3625
U.S. District Court for the Eastern District of Missouri - St. Louis
[PUBLISHED] [Benton, Author, with Murphy and Shepherd, Circuit
Judges]
Civil Case - retaliation. District court erred in ruling employee's lawsuit
did not address a matter of public concern. Evidence supported that
successful lawsuit, appellate court's finding city's conduct was truly
irrational, lack of evidence of disharmony, comments that employee was
denied promotion because of lawsuit warrant reversal of summary
judgment. Denial of civil conspiracy claim also fails. Mayor and board
members are not entitled to qualified immunity because a reasonable
official would have known that refusing to promote employee because he
sued the city violated the right of access to the courts.