Eighth Circuit reverses summary judgment in First Amendment retaliation case
Wednesday, August 15th, 2007Charles E. Gunter v. William J. Morrison, U.S. Court of Appeals for the Eighth Circuit, Case No: 06-3625, August 15, 2007.
The Eighth Circuit Court of Appeals today ruled that the district court erred in ruling employee’s lawsuit did not address a matter of public concern. The court found that the evidence that Mr. Gunter’s successful lawsuit, the state appellate court’s finding that the city’s conduct was truly irrational, lack of evidence of disharmony in the workplace, and comments that the employee was denied promotion because of the lawsuit, all warranted reversal of summary judgment. Denial of a civil conspiracy claim was also reversed. The mayor of the City of St. James and utility board members were found not entitled to qualified immunity because a reasonable official would have known that refusing to promote an employee because he sued the city violated the First Amendment right of access to the courts. Mr. Gunter was represented by Bryan D. Scheiderer, Scheiderer Law Firm, LC, Rolla, Missouri.
Link to the opinion from the Eighth Circuit website.
