Kathy Davison v. City of Minneapolis, Minnesota Rocco Forte, in His Individual and Official Capacities

Five firefighters were considered by the fire chief for three promotions that were available within the Minneapolis Fire Department between October 2002 and November 2003. One unsuccessful applicant, Kathy Davison, was an outspoken critic of the fire chief, Rocco Forte. The other four candidates apparently went about their duties quietly, expressing no public views on the fire chiefs policies or performance. As far as the First Amendment is concerned, each applicant had an equal right to a promotion. By reversing the district court’s dismissal of Davison’s discrimination claim and remanding…