Wednesday, January 19, 2011

Retaliated Against for Testifying Truthfully?

RICHARD CLAIRMONT V. SOUND MENTAL HEALTH, 09-35856, 9th Circuit Court of Appeals 1/19/11

For purposes of Summary Judgment, evidence supported plaintiff's assertions that he was fired as a result of his truthful testimony. The Government failed to demonstrate that plaintiff's speech disrupted the workplace or impeded his ability to perform his job or that plaintiff would have been terminated had he not testified.

-Free Speech
-1st Amendment
-Triable Issue(s) of Fact
-Retaliatory Termination for Testifying Truthfully
-Independent Contractor/Public Employee

Here is the decision:
http://www.ca9.uscourts.gov/opinions/view_subpage.php?pk_id=0000011143

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