DeCrane v. Eckart, No. 20-3620 (6th Cir. 2021)
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In 2012, DeCrane became the director of training at Cleveland's Fire Training Academy and applied to be the chief. The mayor chose McGinnis to be the next chief. DeCrane said he was surprised because McGinnis had fallen behind in his required continuing education hours. When confronted, McGinnis lied. Someone tipped off the media. McGinnis resigned. The ensuing media coverage reflected poorly on the city. DeCrane did not leak the tip about McGinnis’s deficient training, which was an open secret in the department. According to DeCrane, Eckart mistakenly believed that he was the leak’s source. DeCrane contends that Eckart (among others) subjected him to three years of retaliation. DeCrane was not disciplined or demoted but he received no promotions, allegedly faced unfounded misconduct charges, had his Training Academy work undermined, and suffered a retirement-related slight.
DeCrane sued Eckart, Cleveland, and others under 42 U.S.C. 1983, alleging that the individuals retaliated against him in violation of the First Amendment. The district court granted summary judgment to the other individuals and the city but denied Eckart summary judgment. The Sixth Circuit affirmed the denial of Eckart’s claim of qualified immunity. While the First Amendment does not protect speech made as part of an employee’s government job, DeCrane would have tipped off the media as a private citizen rather than a public employee.
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