PARADIS v. MONTROSE MEMORIAL HOSP.

No. 97-1161.

157 F.3d 815 (1998)

Carol PARADIS and Kathleen M. Ryan, Plaintiffs-Appellees, v. MONTROSE MEMORIAL HOSPITAL, County of Montrose and Quorum Health Resources, Inc., a Delaware corporation doing business in Colorado, formerly known as HCA Management, Company, Inc., Defendants, and Dennis Doerer, in his individual capacity and in his capacity as Program Director of the Care Center In-Patient Unit of Montrose Memorial Hospital and Tyler Erickson, in his individual capacity and in his capacity as Administrator of Montrose Memorial Hospital, Defendants — Appellants.

United States Court of Appeals, Tenth Circuit.

October 14, 1998.


Attorney(s) appearing for the Case

Submitted on the briefs:*

A. James Johnston and Jonathan B. Sprague of Post & Schell, P.C., Philadelphia, PA, John A. Brooks of Brooks & Brooks, Montrose, CO for Defendants-Appellants.

Diane S. King, David C. Feola of King, Minnig, Clexton & Feola, LLC, Denver, CO for Plaintiffs-Appellees.

Before SEYMOUR, Chief Judge, LUCERO and MURPHY, Circuit Judges.


LUCERO, Circuit Judge.

In this case, we inquire whether hospital staff allegations of fraud, malfeasance, and discrimination by certain hospital administrators are of sufficient public concern to be protected under the First Amendment. We also determine whether the First Amendment protections afforded such speech were clearly established at the time hospital administrators purportedly retaliated by firing the staff concerned. Because we answer both questions affirmatively...

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