Robert McBurnie v. Prescott, City Of

MEMORANDUM *

1. We reverse the district court’s summary judgment for defendants on McBur-nie’s First Amendment retaliation claim. “[T]he determination whether the speech in question was spoken as a public employee or a private citizen presents a mixed question of fact and law.” Posey v. Lake Pend Oreille Sch. Dist. No. 8b, 546 F.3d 1121, 1129 (9th Cir.2008). “[T]he scope and content of a plaintiffs job responsibilities can and should be found by a trier of fact....” Id. Viewing the evidence at the time of summary judgment in the light most favorable to McBurnie as the non-moving party, he…