Brian Grady v. El Paso Community College, Linda Luehrs

Defendant Luehrs appeals the district court’s denial of her motion for dismissal or summary judgment on the basis of qualified immunity. This interlocutory decision may be appealed under 28 U.S.C. § 1291. Mitchell v. Forsyth, 472 U.S. 511, 527, 105 S.Ct. 2806, 2816, 86 L.Ed.2d 411 (1985).

Grady brought this action against his former employer, El Paso Community College, and two of its faculty members, Luehrs and Canuteson. Grady claims that the defendants violated his rights under the First Amendment and 38 U.S.C. § 2021(b)(3).

Grady was employed as a probationary instructor in law enforcement…