Free Speech, Employment, First Amendment, S1983
[Assuming S1983, since QI is discussed. c/a not specific.]
A deputy clerk need not have political allegiance to the boss -- it was clearly established law that a clerk who opposed the head clerk in an election should not have been placed on leave for the simple fact of having done so.
The head clerk is not shielded from suit under the 11th Amendment.
Insufficient facts in record for judgment on whether the speech was ultimately protected under a non-categorical balancing test. Insufficient record for ruling on summary judgment.
Long dissent: given burden to establish lack of retributive character to the employment action, there are sufficient facts for judgment in the record
Melanie Lawson v. Union County Clerk of Court
