Legal Opinion
James Gillette v. Duane Delmore, and City of Eugene
Court of Appeals for the Ninth Circuit
Decided November 10, 1992No. 91-35142PublishedCited by 675 opinions
1Per curiam
The City of Eugene (City) appeals from the district court’s judgment following a jury trial in favor of James Gillette, a former City fire fighter, in his 42 U.S.C. § 1983 suit. Gillette argued that he was suspended from his employment in violation of his First Amendment speech rights. The central issue on appeal is whether, for purposes of municipal liability under section 1983, the City Manager, made city policy by declining to overrule a subordinate’s discretionary decision to fire Gillette. We hold that such conduct does not give rise to municipal liability. We also conclude that…
2Cases cited19 opinions
- Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
- City of Canton v. HarrisSupreme Court of the United States · 1989
- Pembaur v. City of CincinnatiSupreme Court of the United States · 1986
- Connick Ex Rel. Parish of Orleans v. MyersSupreme Court of the United States · 1983
- City of Oklahoma v. TuttleSupreme Court of the United States · 1985
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3Cited by675 opinions
- Trevino v. GatesCourt of Appeals for the Ninth Circuit · 1996
- Clouthier v. County of Contra CostaCourt of Appeals for the Ninth Circuit · 2010
- Pierce v. County of OrangeCourt of Appeals for the Ninth Circuit · 2008
- Patricia Fuller v. City of Oakland, California George Hart Antonio RomeroCourt of Appeals for the Ninth Circuit · 1995
- Esau Awabdy v. City of Adelanto Scott Burnell Ted Hartz Richard Althouse, Michael Sakamoto, Does I-X, InclusiveCourt of Appeals for the Ninth Circuit · 2004
670 more not listed; retrieve them via the Exa API.