Sunday, January 22, 2006

employment - public - speech - retaliaton - sec. 1983 - qualified immunity

Springer v. Henry - Third Circuit - January 18, 2006

http://www.ca3.uscourts.gov/opinarch/044124p.pdf

Lower court judgment under 42 USC 1983 affirmed for doctor who had been terminated from his job at a state hospital in retaliation for his criticism of the hospital administration (patient care and safety issues). Defendant's claim of qualified immunity rejected, since law prohibiting such termination was clear at the time.

Donald Marritz
MidPenn Legal Services