Brannon, et al. v. Finklestein, No. 12-15988 (11th Cir. 2014)Annotate this Case
Plaintiff filed suit alleging that defendant reduced and ultimately terminated plaintiff's consulting work as a forensic psychologist for the Broward County Public Defender's office in retaliation for plaintiff's constitutionally protected testimony about a Florida state court judge. The court vacated the judgment of the district court granting summary judgment to defendant where a reasonable fact-finder could find that defendant was subjectively motivated to reduce and did reduce plaintiff's work because of his testimony and plaintiff's testimony was also a motivating factor behind defendant removing him from the wheel rotation system; affirmed the judgment of the district court granting qualified immunity to defendant in his individual capacity where there was evidence of both lawful and unlawful motivations for defendant's actions and preexisting law did not dictate that the merits of the case must be decided in plaintiff's favor; and remanded for further proceedings.