Whitney v. City of Milan, No. 11-5261 (6th Cir. 2012)
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Plaintiff, an employee of the city since 2006, began training for a position at city hall under the supervision of the then-city recorder, Williams. Plaintiff and Williams are friends and landlord-tenant. In 2008, based on a recommendation from Williams, plaintiff was assigned to a deputy clerk position. A few months later, the city fired Williams. The mayor told plaintiff not to call or text Williams, forbade her from promoting any allegations by Williams, and specifically ordered her not to participate in or assist with any lawsuit. He followed up several times, asking plaintiff whether she had been in communication with Williams. Williams did file suit, alleging gender discrimination and retaliation for speaking out against alleged acts of public corruption. Plaintiff then filed suit against the mayor and the city under 42 U.S.C. 1983, alleging violations of rights under the First and Fourteenth Amendments. The district court denied the mayor summary judgment of qualified immunity on a claim of First Amendment prior restraint. The Sixth Circuit affirmed, holding that plaintiff's right to speak publicly and participate in a lawsuit addressing workplace discrimination and public corruption in city government was clearly established.
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