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· 1/19/2011

Clairmont v. Sound Mental Health

Citations

  • 632 F.3d 1091
  • 31 I.E.R. Cas. (BNA) 1301
  • 2011 U.S. App. LEXIS 962
  • 2011 WL 149371

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • concluding that if speech meets the public concern test, it is protected “irrespective of the motivation behind the speech in question”
  • holding that \speech exposing policies that put people in jeopardy\ is a matter of public interest
  • holding that whether an employer “would have reached the same adverse employment decision even in the absence of the employee’s protected conduct” is “purely a question of fact” (brackets and internal quotation marks omitted)
  • holding, on similar facts, that the evidence supported a finding that the plaintiffs subpoenaed testimony was spoken as a private citizen
  • holding that whether an employer “would have reached the same adverse employment decision even in the absence of the employee’s protected conduct” is “purely a question of fact” (brackets, citations, and internal quotation marks omitted)
  • explaining that plaintiff must allege that “protected speech was a substantial or motivating factor in [an] adverse employment action”

Source: CourtListener parenthetical corpus (CC0).

Judges: Graber, Paez, Burns

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.