J. Murray v. Bryan Williams

MEMORANDUM

The plaintiff, J. Michael Murray, brought claims against Bryan Williams, Cheryl Burson, and Tonya Hill (collectively, the “Defendants”) for, inter alia, First Amendment retaliation under 42 U.S.C. § 1983 and constructive discharge in violation of Title VII of the Civil Rights Act of 1964 (“Title VH”). The Defendants filed a motion for summary judgment on all of Murray’s claims, but the district court denied the motion. The Defendants appeal the district court’s denial of their motion as to Murray’s First Amendment retaliation claim, but not as to his Title VII constructive-discharge claim.

Because the Defendants asserted the defense of qualified immunity in their summary judgment motion, this Court has jurisdiction to review the denial of that motion under 28 U.S.C. § 1291 . See Mitchell v. Forsyth, 472 U.S. 611, 530 , 105 S.Ct. 2806 , 86 L.Ed.2d 411 (1985). The Court’s review, however, is limited to questions of law. Id.

The district court committed legal error when it concluded that Murray’s statements addressed matters of .“public concern” and were therefore entitled to First Amendment protection. Eng v. Cooley, 552 F.3d 1062, 1070 (9th Cir. 2009) (holding that…