Whitney v. City of Milan

677 F.3d 292, 33 I.E.R. Cas. (BNA) 1291, 2012 WL 1393012, 2012 U.S. App. LEXIS 8182, 114 Fair Empl. Prac. Cas. (BNA) 1345
CourtCourt of Appeals for the Sixth Circuit
DecidedApril 24, 2012
Docket11-5261
StatusPublished
Cited by22 cases

This text of 677 F.3d 292 (Whitney v. City of Milan) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Whitney v. City of Milan, 677 F.3d 292, 33 I.E.R. Cas. (BNA) 1291, 2012 WL 1393012, 2012 U.S. App. LEXIS 8182, 114 Fair Empl. Prac. Cas. (BNA) 1345 (6th Cir. 2012).

Opinion

OPINION

COLE, Circuit Judge.

Defendant-Appellant Chris Crider, the mayor of the City of Milan, appeals the district court’s denial of qualified immunity. Because Crider prohibited one of his employees from speaking about matters of public concern, in violation of the employee’s clearly established First Amendment rights, we AFFIRM the denial of qualified immunity.

I.

Plaintiff-Appellee Lindsey Whitney has been an employee of the City of Milan, Tennessee (“the City”) since 2006, when she was first hired to work in the City’s street department. The following year, in addition to this job, Whitney began training for a position at City Hall under the supervision of the then-City Recorder, Keri Williams. Whitney and Williams have a strong personal relationship; their families socialize together, their children are close friends and attend day care together, and Williams was Whitney’s landlord. In July 2008, based on a recommendation from Williams, Crider assigned Whitney to a deputy clerk position in the city court clerk’s office.

A few months later, on September 12, 2008, the City fired Williams. Later that day, Crider, aware of the close relationship between Williams and Whitney, summoned Whitney to his office. Crider ordered Whitney to end all contact with Williams. Crider told Whitney not to call or text Williams, forbade her from “promoting” any allegations Williams may raise against the City, and specifically ordered her not to participate in or assist with any lawsuit Williams might bring against the City. Crider later followed up with Whitney three or four times, asking her whether she had been in communication with Williams. Following Williams’s termination, Whitney was concerned about her own job security and believed that if she violated Crider’s orders and communicated with Williams, she would lose her job. The following month, Williams, in fact, did file suit against the City, alleging gender discrimination and retaliation for speaking out against alleged acts of public corruption.

In May 2009, Whitney filed suit against Crider and the City under 42 U.S.C. § 1983, alleging, inter alia, violations of her rights under the First and Fourteenth Amendments. Although Whitney claimed constitutional violations including interference with freedom of association, assembly, and the right to intimate association as well as retaliation for protected speech, the sole remaining allegation is her First Amendment prior-restraint claim against Crider. Crider moved for summary judgment on this prior-restraint claim on the basis of qualified immunity. The district court denied Crider’s motion and Crider timely filed an interlocutory appeal.

II.

A. Jurisdiction and Standard of Review

As a threshold matter, this Court has jurisdiction to consider Crider’s inter *296 locutory appeal because “a district court’s denial of a claim of qualified immunity, to the extent that it turns on an issue of law, is an appealable ‘final decision’ within the meaning of 28 U.S.C. § 1291.... ” Sample v. Bailey, 409 F.3d 689, 694 (6th Cir.2005) (quoting Mitchell v. Forsyth, 472 U.S. 511, 530, 105 S.Ct. 2806, 86 L.Ed.2d 411 (1985)). Crider appeals the district court’s order which denied his motion for summary judgment on the basis that he violated a clearly established constitutional right, and as such, is not entitled to qualified immunity. Whether Crider’s order violated clearly established law is purely a legal question over which we have jurisdiction. See Turner v. Scott, 119 F.3d 425, 427 (6th Cir.1997) (“A denial of qualified immunity on purely legal grounds is immediately appealable.”) Furthermore, we review de novo the district court’s summary judgment determination on the grounds of qualified immunity, Sample, 409 F.3d at 695, and “construe the evidence and draw all reasonable inferences in favor of’ Whitney, the nonmoving party, Hawkins v. Anheuser-Busch, Inc., 517 F.3d 321, 332 (6th Cir.2008) (citing Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587.106 S.Ct. 1348, 89 L.Ed.2d 538 (1986)).

B. Qualified Immunity on a Prior-Restraint Claim

Government officials are immune from civil liability under 42 U.S.C. § 1983 when performing discretionary duties, provided “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. Fitzgerald, 457 U.S. 800, 818, 102 S.Ct. 2727, 73 L.Ed.2d 396 (1982). We apply a two-pronged test to determine whether qualified immunity shields a government official from a § 1983 claim: (1) we inquire whether the facts, viewed in the light most favorable to the nonmoving party, “show[ ] the officer’s conduct violated a constitutional right;” and (2) if so, then we determine whether the constitutional right was clearly established by asking whether “a reasonable official would understand that what he is doing violates that right.” Saucier v. Katz, 533 U.S. 194, 201-02, 121 S.Ct. 2151, 150 L.Ed.2d 272 (2001), abrogated in part by Pearson v. Callahan, 555 U.S. 223, 236, 129 S.Ct. 808, 172 L.Ed.2d 565 (2009).

In applying the first prong of the Saucier test, we first must identify “the specific constitutional right allegedly infringed” and determine whether a violation occurred. Graham v. Connor, 490 U.S. 386, 394, 109 S.Ct. 1865, 104 L.Ed.2d 443 (1989). As Whitney raised a First Amendment prior-restraint claim, we apply the two-part Pickering analysis to determine whether Crider’s order was an unconstitutional prior restraint of a public employee’s speech. Pickering v. Bd. of Educ., 391 U.S. 563, 568, 88 S.Ct. 1731, 20 L.Ed.2d 811 (1968); Farhat v. Jopke, 370 F.3d 580, 598 (6th Cir.2004). First, we determine whether the affected speech involved a public employee’s comments as a private citizen on a matter of public concern. See Farhat, 370 F.3d at 588, 598.

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Bluebook (online)
677 F.3d 292, 33 I.E.R. Cas. (BNA) 1291, 2012 WL 1393012, 2012 U.S. App. LEXIS 8182, 114 Fair Empl. Prac. Cas. (BNA) 1345, Counsel Stack Legal Research, https://law.counselstack.com/opinion/whitney-v-city-of-milan-ca6-2012.