Moss v. City of Pembroke Pines, No. 14-11240 (11th Cir. 2015)
Annotate this CasePlaintiff appealed a district court's order granting defendants judgment as a matter of law on Plaintiff's First Amendment retaliation claim. Plaintiff asserted the claim after being terminated from his position as Assistant Fire Chief of the City of Pembroke Pines. Plaintiff was terminated after the City eliminated the Assistant Fire Chief position for what the City said were budgetary reasons. Plaintiff contended he was terminated in retaliation for his speaking out about the City's handling of budget and pension issues. After a trial, the district court held that Plaintiff had failed to show that his speech was protected by the First Amendment or that his interest in the speech outweighed the City's interest in avoiding dissension within the fire department. Accordingly, the district court granted judgment as a matter of law. After a careful review of the record, and with the benefit of oral argument, the Eleventh Circuit found no reversible error and affirmed.
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