WHITNEY v. CITY OF MILAN

No. 11-5261.

677 F.3d 292 (2012)

Lindsey WHITNEY, Plaintiff-Appellee, v. CITY OF MILAN, a Municipal Corporation, Defendant, Chris Crider, Mayor, in his Individual and Official Capacities, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: April 24, 2012.


Attorney(s) appearing for the Case

ARGUED: Geoffrey Andrew Lindley , Rainey, Kizer, Reviere & Bell, PLC, Jackson, Tennessee, for Appellant. Charles H. Barnett, III , Spragins, Barnett & Cobb, PLC, Jackson, Tennessee, for Appellee. ON BRIEF: Dale Conder, Jr. , Rainey, Kizer, Reviere & Bell, PLC, Jackson, Tennessee, for Appellant. Charles H. Barnett, III , Teresa A. Luna , Spragins, Barnett & Cobb, PLC, Jackson, Tennessee, for Appellee.

Before: COLE and STRANCH, Circuit Judges; CARR, District Judge.


OPINION

COLE, Circuit Judge.

Defendant-Appellant Chris Crider, the mayor of the City of Milan, appeals the district court's denial of qualified immunity. Because Crider prohibited one of his employees from speaking about matters of public concern, in violation of the employee's clearly established First Amendment rights, we AFFIRM the denial of qualified immunity.

I.

Plaintiff-Appellee Lindsey Whitney has been an employee of the City of...

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