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