Legal Opinion
Sean Smith v. Peter Gilchrist, III
Court of Appeals for the Fourth Circuit
Decided May 14, 2014No. 12-2503PublishedCited by 65 opinions
1Opinion of the Court
Reversed and remanded by published opinion. Chief Judge TRAXLER wrote the opinion, in which Judge DUNCAN and Senior Judge DAVIS joined.
TRAXLER, Chief Judge:
Sean P. Smith appeals a district court order granting summary judgment against him in his § 1983 action alleging that he was fired for exercising his free-speech rights in violation of the United States and North Carolina Constitutions. Concluding that the district court erred in granting summary judgment, we reverse and remand for trial.
I
Smith was employed as an assistant district attorney (“ADA”) for the Mecklen-burg County, North…
2Cases cited21 opinions
- 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
- Wilson v. LayneSupreme Court of the United States · 1999
- Rankin v. McPhersonSupreme Court of the United States · 1987
16 more not listed; retrieve them via the Exa API.
3Cited by65 opinions
- Nancy Loftus v. David BobzienCourt of Appeals for the Fourth Circuit · 2017
- Stanley Penley v. McDowell County Board of Ed.Court of Appeals for the Fourth Circuit · 2017
- Donald Morgan v. Michael RobinsonCourt of Appeals for the Eighth Circuit · 2019
- Melanie Lawson v. Union County Clerk of CourtCourt of Appeals for the Fourth Circuit · 2016
- Kevin Buker v. Howard CountyCourt of Appeals for the Fourth Circuit · 2017
60 more not listed; retrieve them via the Exa API.