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· 7/17/2013

Richard Haverda v. Hays County

Citations

  • 723 F.3d 586
  • 2013 WL 3753964

How courts have described this case

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

  • holding that when defendants provide an explanation that they would not have hired a plaintiff regardless of his protected conduct, plaintiff must present some evidence that defendants’ explanation is merely pretextual
  • concluding that circumstantial evidence was sufficient to create a genuine issue of material fact on whether sheriff demoted corrections officer because of a letter criticizing him, despite the sheriff stating that he did not know who wrote it
  • finding pretext when the plaintiff had a history of positive performance reviews and other employees believed he did not deserve termination
  • prima facie case of First Amendment retaliation requires showing that speech motivated adverse employment decision
  • “[T]here is no doubt that Haverda had a clearly established constitutional right not to be fired for engaging in protected speech.”
  • “[S]imply disputing the underlying facts of an employer’s decision is not sufficient to create a fact issue.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Elrod, Higginson, Martinez

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.