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· 12/6/2011

Westmoreland v. Sutherland

Citations

  • 662 F.3d 714
  • 33 I.E.R. Cas. (BNA) 251
  • 2011 U.S. App. LEXIS 24105
  • 2011 WL 6034297

How courts have described this case

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

  • holding that it is not “necessary for the entire expression to address matters of public concern, as long as some portion of the speech does” (citation omitted)
  • holding that an off-duty firefighter was not speaking pursuant to his official duties when he spoke to city council members about funding for safety equipment and training for the fire department
  • finding that plaintiff spoke as a private citizen where, even though “[he] identified himself as a public employee, he appeared off duty, out of uniform, and at a public meeting . . . during the public comment period”
  • treating protected nature of speech as question of law where there was no factual dispute regarding what was said
  • treating protected nature of speech as question of law where there was no factual dispute regarding what was said
  • “Nothing in the record supports the claim that plaintiff’s expression was made pursuant to a task that was within the scope of his official duties.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Martin, Guy, Griffin

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.