Morgan v. Robinson, No. 17-1002 (8th Cir. 2019)Annotate this Case
On rehearing en banc, the Eighth Circuit reversed the district court's denial of summary judgment to defendant in a 42 U.S.C. 1983 action brought by plaintiff, alleging that defendant, plaintiff's boss, retaliated against him in violation of the First Amendment. In this case, plaintiff had run against his boss in a primary election and had publicly made statements about the sheriff's department and his plans to improve it. Defendant won the election and then terminated plaintiff's employment, claiming that plaintiff's campaign violated the department's rules of conduct.
The court held that defendant was entitled to qualified immunity because he did not violate a clearly established statutory or constitutional right of which a reasonable person would have known. As in Nord v. Walsh. Nord, 757 F.3d 734, defendant could have reasonably believed that plaintiff's speech was at least potentially damaging to and disruptive of the discipline and harmony of and among co-workers in the sheriff's office and detrimental to the close working relationships and personal loyalties necessary for an effective and trusted local policing operation.
This opinion or order relates to an opinion or order originally issued on February 2, 2018.