Fifth Circuit: Thomas Howell v. Town of Ball, et al
FRCP, S1983, First Amendment, FCA
Appeals court does not have jurisdiction over cross-appeal relating to a non-dismissed claim when hearing an interlocutory appeal on the dismissed claims.
Local police officer's cooperation with federal anti-corruption probe was outside of normal duties, so the firing was potentially in response to protected conduct, but the right was not clearly established at the time.
Non-final decisionmakers not liable for retaliation claim under S1983, but municipal liability claim here presents a genuine issue of material fact.
Amendment to FCA removing "employee" language was to allow contractors to file claims, not non-employees generally.
Thomas Howell v. Town of Ball, et al