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.
182842P.pdf 03/09/2020 Thomas Nagel v. City of Jamestown
U.S. Court of Appeals Case No: 18-2842
U.S. District Court for the District of North Dakota - Fargo
[PUBLISHED] [Loken, Author, with Shepherd and Stras, Circuit Judges]
Civil case - Civil rights. When plaintiff participated in a TV interview
over an alleged whistleblower report he was not speaking as private
citizen and his comments were not regarding a matter of public concern
but, rather, were made to clear his Facebook alias, a purely private
matter; even if plaintiff was a private citizen speaking on a matter of
public concern, the defendant's interest in the effective functioning of
its police department and preventing disruption, disharmony and loss of
morale outweighed plaintiff's interest in commenting; claim plaintiff was
deprived of his federal right to due process rejected; the district court
did not err in declining to exercise supplemental jurisdiction over
plaintiff's state law claims.