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DURHAM v. JONES

No. 12-2303.

737 F.3d 291 (2013)

James DURHAM, Plaintiff-Appellee, v. Sheriff Robert N. JONES, Defendant-Appellant, and Somerset County, Defendant, and Somerset County, Maryland; Hebron Savings Bank, Garnishees. The National Fraternal Order of Police, Amicus Supporting Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: December 10, 2013.

Attorney(s) appearing for the Case

ARGUED: Julia Doyle Bernhardt , Office of the Attorney General of Maryland, Baltimore, Maryland, for Appellant. Howard Benjamin Hoffman , Rockville, Maryland, for Appellee. ON BRIEF: Douglas F. Gansler , Attorney General of Maryland, John B. Howard, Jr. , Deputy Attorney General, Office of the Attorney General of Maryland, Baltimore, Maryland, for Appellant. Steven H. Goldblatt , Director, Nilam A. Sanghvi , Supervising Attorney, Rita K. Lomio , Supervising Attorney, Jeffrey P. DeSousa , Student Counsel, Robyn R. English , Student Counsel, Lindsey Oken , Student Counsel, Appellate Litigation Program, Georgetown University Law Center, Washington, D.C., for Appellee. Larry H. James , Christina L. Corl , Crabbe, Brown & James, LLP, Columbus, Ohio, for Amicus Curiae.

Affirmed by published opinion. Judge DAVIS wrote the opinion in which Judge MOTZ and Judge GREGORY joined.

DAVIS, Circuit Judge:

This appeal arises from a $1.1 million jury award in favor of a terminated employee on a claim of retaliation for the exercise of his First Amendment rights.

A veteran deputy sheriff used pepper spray and physical force to subdue a motorcyclist fleeing from a fellow law enforcement officer. The deputy duly prepared his report of the incident and submitted the report to his superiors, who in turn passed it along to their superiors. Alarmed...

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