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SHOCKEY v. CITY OF PORTLAND

CC A8611-06957; CA A49282; SC S36999.

837 P.2d 505 (1992)

313 Or. 414

William H. SHOCKEY, Respondent on Review, v. CITY OF PORTLAND, a municipal corporation; Jack C. Irvin, individually and in his official capacity; and John Lang, individually and in his official capacity, Petitioners on Review.

Supreme Court of Oregon, In Banc.

Decided July 9, 1992.

Reconsideration Denied August 25, 1992.

Attorney(s) appearing for the Case

Harry Auerbach, Deputy City Atty., City of Portland, argued the cause and filed the petition for petitioners on review.

Richard C. Busse, Portland, argued the cause for respondent on review. With him on the response brief was Donald B. Potter, Portland.

Robert D. Durham, of Bennett & Durham, Portland, filed a brief on behalf of amici curiae Oregon Trial Lawyers Ass'n, American Civil Liberties Union, Oregon Educ. Ass'n, AFSCME Council 75, AFSCME Local 189, Portland Police Commanding Officers Ass'n, Portland Police Ass'n, and Oregon Public Employees Union.

GILLETTE, Justice.

This action for damages involves a city employee's claim that he was wrongfully terminated in retaliation for circulating a petition protesting a work safety policy. The circuit court directed a verdict against the employee. The Court of Appeals reversed the judgment of the circuit court, holding that firing petitioner for circulating the petition would violate petitioner's right to free speech under the federal constitution.1...

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