Legal Opinion

Bruce Anderson v. State of Texas

Court of Appeals for the Fifth Circuit

Decided January 14, 2019No. 17-41243PublishedCited by 22 opinions

1Opinion of the Court

PATRICK E. HIGGINBOTHAM, Circuit Judge:

Bruce Anderson's job required an oath to report judicial misconduct. He now complains of retaliation for doing so-in violation of the First Amendment. That Anderson's job-imposed duty to report wrongdoing did not strip his speech of First Amendment protection has since gained clarity, but this was not clearly established in May 2014, when the events he complained of occurred. We therefore reverse the district court's denial of qualified immunity and summary judgment.

I

Anderson was a briefing attorney for Justice Rose Vela on Texas's Thirteenth Court of…

2Cases cited21 opinions

  1. Pearson v. CallahanSupreme Court of the United States · 2009
  2. Ex Parte YoungSupreme Court of the United States · 1908
  3. Malley v. BriggsSupreme Court of the United States · 1986
  4. Mullenix v. LunaSupreme Court of the United States · 2015
  5. Reichle v. HowardsSupreme Court of the United States · 2012

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3Cited by22 opinions

  1. Penny Corn v. MS Dept of Public Safety, etCourt of Appeals for the Fifth Circuit · 2020
  2. Norvis Harmon v. Dallas County, TexasCourt of Appeals for the Fifth Circuit · 2019
  3. Kling v. HebertCourt of Appeals for the Fifth Circuit · 2023
  4. Boland v. Mississippi Department of Public SafetyDistrict Court, S.D. Mississippi · 2019
  5. Caldwell v. MedinaDistrict Court, W.D. Texas · 2020

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