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BUTLER v. BOARD OF CNTY. COM'RS. FOR SAN MIGUEL

No. 18-1012.

920 F.3d 651 (2019)

Jerud BUTLER, Plaintiff-Appellant, v. BOARD OF COUNTY COMMISSIONERS FOR SAN MIGUEL COUNTY; Mike Horner, in his individual capacity; Kristl Howard, in her individual capacity, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

FILED March 29, 2019.

Attorney(s) appearing for the Case

Benjamin P. Meade ( Nicholas W. Mayle and Damon Davis with him on the briefs), Killian Davis Richter & Mayle, PC, Grand Junction, Colorado, for Plaintiff-Appellant.

Jeffrey L. Driscoll , Williams, Turner & Holmes, P.C., Grand Junction, Colorado, for Defendants-Appellees.

Before TYMKOVICH, Chief Judge, EBEL, and LUCERO, Circuit Judges.

The First Amendment protects a government employee's speech (1) made as a citizen (2) on a matter of public concern (3) if the employee's right to speak outweighs the government's interest as an employer in an efficient workplace. These are the first three steps of the familiar five-part Garcetti/

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