John W. Burgess Linda M. Burgess, Husband and Wife v. Pierce County, a Municipal Corporation Joseph Stortini Jane "Doe" Stortini, Husband and Wife

John Burgess contends he was fired from his position as Pierce County Fire Marshal by Pierce County Executive Joseph Stortini because Burgess opposed the passage and enforcement by the County Council of ordinances Burgess believed to be unlawful and dangerous. Stortini contends he fired Burgess for a variety of managerial shortcomings. Burgess brought suit against Pierce County and Stortini under 42 U.S.C. § 1983 , claiming violations of the first and fourteenth amendments. After discovery, Pierce County and Stortini moved for summary judgment on several grounds, including Stortini’s asserted right to qualified immunity. The district court denied the motion. Stortini appeals the denial of qualified immunity.

I

We take jurisdiction of this interlocutory appeal under Mitchell v. Forsyth, 472 U.S. 511 , 105 S.Ct. 2806 , 86 L.Ed.2d 411 (1985), to consider whether the rights Burgess alleges Stortini violated were clearly established, and whether, after discovery, Burgess made a sufficient evidentiary showing of the occurrence of the alleged conduct to create factual issues requiring trial. The scope of our review is detailed in Mitchell :

472 U.S. at 526 , 105 S.Ct. at 2815 .

We…