· 7/25/1995
Beckwith v. City of Daytona Beach Shores
Citations
- 58 F.3d 1554
- 1995 U.S. App. LEXIS 19477
- 1995 WL 405739
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that an employee’s burden of showing that her speech was a “substantial” or “motivating” factor in the decision to terminate her “is not a heavy one”
- observing that the “[a]ppellees’ failure to brief this issue abandons it for the purposes of this appeal”
- reversing trial court‘s JNOV on a fire chief‘s First Amendment retaliation claim because the chief‘s speech at city council meetings was protected under the First Amendment
- noting, in dicta, basic fire and rescue services are matters of public concern
- “Few subjects are of more public concern to the average citizen than the provision of basic fire and rescue services.”
- “It is neither possible nor desirable to fashion a single standard for determining when an employee has met her initial burden of demonstrating that a retaliatory intent was a ‘substantial’ or ‘motivating factor’ behind a government employment decision.” (citations omitted)
Source: CourtListener parenthetical corpus (CC0).
Judges: Dubina, Black, Cohill
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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