Ronnie Stilwell v. City of Williams

MEMORANDUM

Plaintiff-Appellant Ronnie Stilwell appeals the district court’s grant of summary judgment in favor of the City of Williams on claims Stilwell brought relating to his termination from City employment. Specifically, Stilwell appeals the District Court’s grant of summary judgment with respect to the following claims: (1) Age Discrimination Employment Act (“ADEA”) retaliation; (2) common law wrongful discharge; (3) Fourteenth Amendment Due Process violation; (4) breach of implied contract; (5) intentional interference with contract; (6) breach of implied covenant of good faith and fair dealing; (7) negligent infliction of emotional distress; and (8) First Amendment retaliation. We affirm the grant of summary judgment with respect to claims five, six, and seven, and we reverse and remand on claims one through four.

I.

A.

The district court erred in granting summary judgment on Stilwell’s ADEA retaliation claim brought under 29 U.S.C. § 623 (d). Stilwell presented sufficient evidence to survive summary judgment on the elements of a prima facie case of retaliation: “(1) he was engaged in a protected activity; (2) he was thereafter subjected by his employer to an adverse…