Legal Opinion
Posey v. Lake Pend Oreille School District No. 84
Court of Appeals for the Ninth Circuit
Decided October 15, 2008No. 07-35188PublishedCited by 175 opinions
1Opinion of the Court
HAWKINS, Circuit Judge:
This case requires us to determine whether, following the Supreme Court’s recent decision in Garcetti v. Ceballos, 547 U.S. 410, 126 S.Ct. 1951, 164 L.Ed.2d 689 (2006), the inquiry into the protected status of speech in a First Amendment retaliation claim remains a question of law properly decided at summary judgment or instead now presents a mixed question of fact and law.
Plaintiff Robert Posey sued Lake Pend Oreille School District No. 84 (the “School District”), arguing that by eliminating his job, the School District retaliated for his prior speech, in violation of…
2Cases cited30 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Pickering v. Board of Ed. of Township High School Dist. 205, Will Cty.Supreme Court of the United States · 1968
- Connick Ex Rel. Parish of Orleans v. MyersSupreme Court of the United States · 1983
- Garcetti v. CeballosSupreme Court of the United States · 2006
- Pullman-Standard v. SwintSupreme Court of the United States · 1982
25 more not listed; retrieve them via the Exa API.
3Cited by175 opinions
- Eng v. CooleyCourt of Appeals for the Ninth Circuit · 2009
- Angelo Dahlia v. Omar RodriguezCourt of Appeals for the Ninth Circuit · 2013
- John Ellins v. City of Sierra MadreCourt of Appeals for the Ninth Circuit · 2013
- Robinson v. YorkCourt of Appeals for the Ninth Circuit · 2009
- Blair v. Bethel School DistrictCourt of Appeals for the Ninth Circuit · 2010
170 more not listed; retrieve them via the Exa API.