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POSEY v. LAKE PEND OREILLE SCHOOL DIST. NO. 84

No. 07-35188.

546 F.3d 1121 (2008)

Robert B. POSEY, Plaintiff-Appellant, v. LAKE PEND OREILLE SCHOOL DISTRICT NO. 84; Board of Trustees, Lake Pend Oreille School District No. 84; Jim Opinion Soper, Building Principal, in his individual and official capacities, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed October 15, 2008.

Attorney(s) appearing for the Case

John M. West (presented argument and authored briefs), Bredhoff & Kaiser, Washington, D.C., for the plaintiff-appellant.

Mark D. Sebastian (presented argument) and Brian K. Julian (authored brief), Anderson, Julian & Hull, LLP, Boise, ID, for the defendants-appellees.

Before: HAWKINS, M. MARGARET McKEOWN, and JAY S. BYBEE, Circuit Judges.

HAWKINS, Circuit Judge:

This case requires us to determine whether, following the Supreme Court's recent decision in Garcetti v. Ceballos, 547 U.S. 410, 126 S.Ct. 1951, 164 L.Ed.2d 689 (2006), the inquiry into the protected status of speech in a First Amendment retaliation claim remains a question of law properly decided at summary judgment or instead now presents a mixed question of fact and law.

Plaintiff Robert Posey...

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