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· 4/19/2016

Scott Farver Morehead v. Commonwealth of Virginia

Citations

  • 66 Va. App. 241
  • 784 S.E.2d 301
  • 2016 Va. App. LEXIS 131

How courts have described this case

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

  • holding that the Tenth Circuit does not apply the McDonnell Douglas framework to First Amendment retaliation claims
  • stating that firing a public employee for “failing to endorse or pledge allegiance to a particular political ideology” generally raises a triable claim for retaliation
  • finding that evidence of government official’s awareness of plaintiff’s political affiliations, combined with temporal proximity and “the campaign of harassment from the first day of his new administration,” supported an inference of retaliatory motive
  • applying Johnson v. Jones , 515 U.S. 304 , 317, 115 S.Ct. 2151 , 132 L.Ed.2d 238 (1995)
  • “[I]f the rule were otherwise and we could not consider the sufficiency of the (given) facts to sustain a lawful verdict, a great many (most?
  • “[W]e have struggled ourselves to fix the exact parameters of the Johnson innovation.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Decker, Russell, Felton

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.