Fifth Circuit· 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

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Cited by

36 cases in this archive cite this case; the 20 most cited are listed.

Cites

22 cases in this archive are cited by this case; the 20 most cited are listed.

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