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SPRINGER v. HENRY

No. 04-4124.

435 F.3d 268 (2006)

David T. SPRINGER, M.D. v. Renata J. HENRY, individually and in her official capacity as Director of the Division of Alcoholism, Drug Abuse and Mental Health of the Department of Health and Social Services of the State of Delaware; Gregg C. Sylvester, M.D., in his official capacity as Secretary of the Department of Health and Social Services of the State of Delaware; Delaware Department of Health & Social Services Appellant.

United States Court of Appeals, Third Circuit.

January 18, 2006.

Attorney(s) appearing for the Case

Phebe S. Young (Argued), Marc P. Niedzielski, Department of Justice, Wilmington, DE, for Appellant.

Thomas S. Neuberger (Argued), Stephen J. Neuberger, Wilmington, DE, for Appellee.

Andrew L. Schlafly, New York, NY, for Amicus-Appellee Association of American Physicians and Surgeons, Inc.

Before SLOVITER, FISHER, and GREENBERG, Circuit Judges.

OPINION OF THE COURT

SLOVITER, Circuit Judge.

The case before us can be viewed on two levels. On one level, we have an appeal by an employer from an adverse verdict in favor of an employee (here independent contractor) on his claim of unlawful termination in retaliation for speech protected by the First Amendment. On the other level, the amicus curiae, the Association of American Physicians and Surgeons, argues...

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