HOGAN v. WINDER

No. 12-4167.

762 F.3d 1096 (2014)

Chris HOGAN, an individual, Plaintiff-Appellant, v. Michael K. WINDER, in his official capacity as Mayor of West Valley City, Utah, and in his individual capacity; West Valley City, Utah, a municipal corporation; Kevan Barney; The Summit Group; David Shaw, in his individual capacity; Kirton & McConkie, P.C.; Todd Marriott, in his individual capacity; Gary Jones, in his individual capacity; Kane Loader, in his individual capacity; Utah Telecommunications Open Infrastructure Agency; Deseret Digital Media, Inc.; Sean Buckley; Questex Media Group, LLC doing business as Fiercemarkets; Donald J. Rzeszut, and Does 1-100, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

August 5, 2014.


Attorney(s) appearing for the Case

Steve S. Christensen ( Craig L. Pankratz with him on the briefs) Christensen Corbett & Pankratz, PLLC, Salt Lake City, UT, for Appellant.

David L. Mortensen , Stoel Rives LLP, Salt Lake City, UT, for Appellee West Valley City, UT, and Jeffrey J. Hunt , Parr Brown Gee & Loveless, P.C., Salt Lake City, UT, for Appellee Deseret Digital Media, Inc. ( David C. Reymann and Austin J. Riter , Parr Brown Gee & Loveless, P.C., Salt Lake City, UT, for Appellee Deseret Digital Media, Inc.; Monica S. Call , Stoel Rives LLP, Salt Lake City, UT, for Appellee West Valley City, UT; Erik A. Olson , Olson Law, P.C., Salt Lake City, UT, for Appellees Kirton & McConkie, P.C. and David Shaw ; Michael P. O'Brien and Jesse Oakeson , Jones Waldo Holbrook & McDonough, Salt Lake City, UT, for Appellees Kevan Barney and The Summit Group; Steven W. Allred , Salt Lake City, UT, for Appellee Michael K. Winder; Kristin A. VanOrman and Jeremy G. Knight , Strong & Hanni, Salt Lake City, UT, for Appellees UTOPIA, Todd Marriott, Gary Jones and Kane Loader; Richard A. Van Wagoner and Melinda K. Bowen , Snow, Christensen & Martineau, Salt Lake City, UT, for Appellees FierceMarkets, also known as Questex Media Group, LLC and Sean Buckley ; and J. Simón Cantarero , Pearson Butler Carson & Cook, PLLC, South Jordan, UT, for Appellee Donald J. Rzeszut, with them on the brief).

Before TYMKOVICH, BRORBY, and MURPHY, Circuit Judges.


TYMKOVICH, Circuit Judge.

Chris Hogan lost his job with the Utah Telecommunications Open Infrastructure Agency, or "UTOPIA," a state agency charged with upgrading high-speed internet access. Claiming he was fired for revealing a conflict of interest in contract awards, he threatened to sue the agency for wrongful termination. Shortly after making this threat, he was subject to several unflattering media articles about his job performance and his termination dispute...

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