· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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