James Gillette v. Duane Delmore Jerry Garriott and the City of Eugene, a Political Subdivision of the State of Oregon

James Gillette appeals the district court’s summary judgment in favor of the City of Eugene, Oregon, on his claim under 42 U.S.C. § 1983 for unlawful discharge from public employment in violation of his first amendment rights. We affirm in part, reverse in part, and remand.

FACTS AND PROCEEDINGS BELOW

On May 19, 1983, James Gillette, a fireman of the City of Eugene, Oregon, was part of a unit dispatched to the home of James Dunsmoor in response to an emergency call. The caller had indicated that Dunsmoor had consumed valium, percodan, and alcohol and that, although Dunsmoor was conscious, he was very confused. Upon the unit’s arrival, Dunsmoor ordered the firemen and police officers to leave. The City had a policy directing that persons suspected of suffering from a drug overdose be taken to the hospital for evaluation, even over that person’s objection. Gillette asserts that, although Dunsmoor was conscious and capable of conversation, he was not told that he had to go to the hospital, or that he would be taken by force if necessary. Gillette asserts that police officers used excessive force on Dunsmoor, including choking him, handcuffing him to a stretcher, and banging his…