What is the test for a First Amendment claim against a public employer?

MultiRegion, United States of America

The following excerpt is from Vierria v. Cal. Highway Patrol, No. CIV S-09-0305 KJM GGH (E.D. Cal. 2011):

To state a First Amendment claim against a public employer, "'an employee must show: (1) the employee engaged in constitutionally protected speech; (2) the employer took 'adverse employment action' against the employee; and (3) the employee's speech was a 'substantial or motivating factor for the adverse action.'" Lakeside-Scott v. Multnomah County, 556 F.3d 797, 803 (9th Cir. 2009) (quoting Marable v. Nitchman, 511 F.3d 924, 929 (9th Cir. 2007)). Castle did not take an adverse employment action against plaintiff, as discussed below (see page 17 infra), and therefore her claim fails as a matter of law. Even if he did, Castle is immune from liability.

Other Questions


Can a motion to amend the constitution be amended when the claim that the amendment is futile? (MultiRegion, United States of America)
Can a plaintiff amend to add Fifth Amendment due process claims to add to the Fourteenth Amendment? (MultiRegion, United States of America)
Can an alien be denied First Amendment First Amendment protections? (MultiRegion, United States of America)
Does plaintiff have the authority to amend or amend the facts of a claim in an amended complaint? (MultiRegion, United States of America)
When assessing a First Amendment challenge to an ordinance that prohibits same-sex marriage, does the court also have to consider the meaning of the First Amendment? (MultiRegion, United States of America)
Before the court examines the merits of First Amendment claim, will the court consider whether this claim is ripe? (MultiRegion, United States of America)
Can overbreadth in the public employment sphere raise First Amendment questions? (MultiRegion, United States of America)
What is the effect of an order requiring a plaintiff to amend or amend a claim in a motion to amend? (MultiRegion, United States of America)
What are the implications of the First Amendment for First Amendment rights of an inmate who is seeking to file a grievance in a federal court? (MultiRegion, United States of America)
Is a motion to amend a Motion to amend the Petitioner's Statement of Claim to add new claims timely? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.