Carollo v. Boria, No. 15-11512 (11th Cir. 2016)Annotate this Case
Plaintiff filed suit against defendants under 42 U.S.C. 1983, alleging a violation of his First Amendment rights. Defendants, all city officials, terminated plaintiff from his position as City manager after he reported to law enforcement and other agencies defendants' misconduct and made public disclosures about the same. The district court denied appellants’ motion to dismiss on the basis of qualified immunity. The court concluded that plaintiff pled a plausible First Amendment claim that he spoke as a citizen and not pursuant to his ordinary job duties as City Manager when he made reports to law enforcement and other agencies about city officials' violations of Florida’s campaign finance laws. As to plaintiff's other claims, the court concluded that plaintiff's poorly-drafted complaint does not state plausible claims that he spoke as a citizen and not pursuant to ordinary job responsibilities. Accordingly, the court affirmed in part, reversed in part, and remanded with instructions to the district court to afford plaintiff an opportunity to amend his complaint.