Legal Opinion · Dissent

Godwin v. Rogue Valley Youth Correctional Facility

Court of Appeals for the Ninth Circuit

Decided August 10, 2016No. 14-35042Unpublished

1DissentBea, Circuit Judge

I agree that an expression of support for the “Vagos,” an organization classified by the Federal Bureau of Investigation (“FBI”) as an “outlaw motorcycle gang,” “touches on” a matter of public concern, Connick v. Myers, 461 U.S. 138, 149, 103 S.Ct. 1684, 76 L.Ed.2d 708 (1983). I disagree with the majority’s requirement that actual evidence of disruption is essential before a law enforcement agency can fire an employee for his affiliation with, or expression in support of, the “Vagos.” Such affiliation or expression is contrary to his governmental employer’s mission, as reflected in its…

2Cases cited8 opinions

  1. Kevin Tindle v. Lou Caudell, Individually and in His Capacity as Chief of Police for the City of Little Rock City of Little Rock, ArkansasCourt of Appeals for the Eighth Circuit · 1995
  2. Locurto v. GiulianiCourt of Appeals for the Second Circuit · 2006
  3. Connick Ex Rel. Parish of Orleans v. MyersSupreme Court of the United States · 1983
  4. Rankin v. McPhersonSupreme Court of the United States · 1987
  5. Aguilera v. BacaCourt of Appeals for the Ninth Circuit · 2007

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