Barone v. City of Springfield, No. 17-35355 (9th Cir. 2018)
Annotate this CasePlaintiff filed a 42 U.S.C. 1983 action against the City and its employees, alleging that she was retaliated against in her employment as a Community Service Officer for the police department. The Ninth Circuit held that plaintiff was fulfilling her professional duty for the Department when she spoke at the City Club event. Therefore, because she spoke as a public employee, and not as a private citizen, her speech was unprotected, and her First Amendment retaliation claim failed. The panel held, however, that the Amended Agreement restricted private citizen speech on matters of public concern and failed the Pickering balancing test. Therefore, the Amended Agreement restrained plaintiff's speech as a private citizen on matters of public concern and defendants failed to present justifications sufficient to warrant the overbroad restrictions. Therefore, the prospective restriction violated the First Amendment and the panel reversed as to this claim. Finally, the panel reversed and remanded on the issue of Monell liability.
Court Description: Civil Rights The panel affirmed in part and reversed in part the district court’s summary judgment and remanded in an action brought pursuant to 42 U.S.C. § 1983 alleging that plaintiff was retaliated against in her employment as a Community Service Officer for the Springfield Police Department, in violation of her First Amendment rights. Plaintiff asserted that appellees retaliated against her after she responded at a public event to a citizen inquiry about racial profiling by the Police Department. The panel held that plaintiff’s retaliation claim failed because she spoke as a public employee, so her speech was not protected by the First Amendment. The panel noted that plaintiff’s speech at the event clearly fell within her job duties. Plaintiff was aware that she was speaking as a representative of the Department and discussing her work with the Department. Moreover, the panel noted that the speech at
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