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GRIGLEY v. CITY OF ATLANTA

No. 97-8268.

136 F.3d 752 (1998)

Melvin GRIGLEY, Plaintiff-Appellant, v. CITY OF ATLANTA; Beverly Harvard, in her official capacity as Police Chief of the City of Atlanta; S.M. O'Brien, individually and in her official capacity as Major in the City of Atlanta Police Department; Claire D'Agostino, individually and in her official capacity as Psychologist employed by the City of Atlanta; Lou R. Moore, individually and in his official capacity as Sergeant in the City of Atlanta Police Department; Jimmy Martin, individually and in his official capacity as Sergeant in the City of Atlanta Police Department, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

March 4, 1998.

Attorney(s) appearing for the Case

Harlan Stuart Miller, III, David C. Ates, Atlanta, GA, for Plaintiff-Appellant.

Mary Huber, Rolesia D. Butler, Office of City Attorney, Atlanta, GA, for Defendants-Appellees.

Before BLACK and BARKETT, Circuit Judges, and PROPST, Senior District Judge.

BLACK, Circuit Judge:

Appellant Melvin Grigley (Grigley) brought this action against the City of Atlanta and its agents pursuant to 42 U.S.C. § 1983, alleging that he was retaliated against in violation of his First Amendment right to petition. The district court granted the Appellee's motion for summary judgment, ruling that Grigley's expression was not protected by the First Amendment because it did not relate to a...

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