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· 4/15/2015

Peter Wenk v. Edward O'Reilly

Citations

  • 783 F.3d 585
  • 2015 FED App. 0068p
  • 2015 U.S. App. LEXIS 6102
  • 2015 WL 1652548

How courts have described this case

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

  • concluding that a report of child abuse could constitute an adverse action required to support First Amendment retaliation claim
  • holding that reporting the plaintiff for child abuse based at least in part on retaliatory motive, even if not materially false, precluded summary judgment for the defendant
  • noting that it was uncontested that a parent’s advocacy about their child’s educational plan is protected activity
  • applying Jenkins to reject qualified immunity in a First Amendment retaliation case involving a parent’s criticism of a teacher relating to the treatment of that parent’s child
  • “Schott does not contest that the Wenks’ advocacy about M.W.’s educational plan is protected activity.”
  • report of child abuse could constitute adverse action

Source: CourtListener parenthetical corpus (CC0).

Judges: Moore, Gibbons, Griffin

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.