Lyons v. Vaught, No. 16-1062 (8th Cir. 2017)
Annotate this CaseThe Eighth Circuit reversed the district court's denial of qualified immunity in an action under 42 U.S.C. 1983 alleging that UMKC's decision not to renew plaintiff's contract was in retaliation of his free speech rights as a public employee. The court held that plaintiff's speech regarding the school's preferential treatment of student athletes was unprotected speech done pursuant to his duties as a lecturer. Plaintiff failed to show, using the particularized inquiry required, that his right to make this speech in these circumstances was clearly established. In this case, defendants could reasonably conclude that plaintiff spoke solely as an aggrieved lecturer in asking the Chancellor to investigate grading policies for student athletes.
Court Description: Loken, Author, with Murphy and Melloy, Circuit Judges] Civil case - Civil rights. For the court's prior opinion in the matter, see Lyons v. Vaught, 781 F.3d 958 (8th Cir. 2015). In action by a part-time lecturer against university officials alleging their decision not to renew his contract was retaliation for his criticism of the school's preferential treatment of student athletes and therefore a violation of his free speech rights as a public employee, the district court erred in denying the individual defendants' motions to dismiss plaintiff's damage claims because they are entitled to qualified immunity; plaintiff's unprotected speech to the chancellor was done pursuant to his duties as a lecturer; defendants could reasonable concluded that plaintiff spoke solely as an aggrieved lecturer when he asked the chancellor to investigate grading policies for student athletes; in these circumstances plaintiff has failed to show, using the particularized inquiry required, that his right to make this speech in these circumstances was clearly established. [ November 21, 2017
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