Gibson v. Kilpatrick, No. 12-60905 (5th Cir. 2013)
Annotate this CasePlaintiff, the police chief, filed suit against defendant, the mayor, alleging unconstitutional retaliation as well as state tort law claims. On interlocutory appeal, defendant challenged the district court's order denying qualified immunity and plaintiff cross-appealed the district court's dismissal of one of his tort claims. Because the court concluded that plaintiff acted pursuant to his official job duties, the court need not consider the remaining prongs of the First Amendment retaliation test since he could not show that defendant violated his First Amendment rights. Therefore, the court remanded, concluding that the district court erred in denying defendant's motion for summary judgment based on qualified immunity. The court granted defendant's motion to dismiss plaintiff's cross appeal, declining to exercise pendent appellate jurisdiction over a state law tort claim in an interlocutory appeal of the district court's order denying qualified immunity.
The court issued a subsequent related opinion or order on November 19, 2013.
The court issued a subsequent related opinion or order on December 11, 2014.
The court issued a subsequent related opinion or order on January 2, 2015.
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