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MEYERS v. CITY OF CINCINNATI

No. 91-4182.

979 F.2d 1154 (1992)

John MEYERS, Plaintiff-Appellee, v. CITY OF CINCINNATI, Defendant, Scott Johnson, Individually and as City Manager; David E. Rager, Individually and as Director of Safety, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided November 12, 1992.

Attorney(s) appearing for the Case

William S. Wyler, Donna M. Bergmann (argued), Donald B. Hordes (briefed), Schwartz, Manes & Ruby, Cincinnati, Ohio, for plaintiff-appellee.

Kim Wilson Burke, James F. McCarthy, III (briefed), Robert H. Johnstone, Jr. (argued), Fay D. Dupuis, City Solicitor's Office for City of Cincinnati, Cincinnati, Ohio, for defendants-appellants.

Before: MERRITT, Chief Judge; and KEITH and RYAN, Circuit Judges.

MERRITT, Chief Judge.

We must determine whether the defendants here, two municipal officials, are entitled to the affirmative defense of qualified immunity following their dismissal of a public employee for his exercise of protected free speech under the First Amendment. The District Court reasoned that the law concerning public employees' free speech rights appeared to be settled at the time of their actions. The Court then held that the defendants Johnson and Ragan...

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