James Gillette v. Duane Delmore, and City of Eugene

The City of Eugene (City) appeals from the district court’s judgment following a jury trial in favor of James Gillette, a former City fire fighter, in his 42 U.S.C. § 1983 suit. Gillette argued that he was suspended from his employment in violation of his First Amendment speech rights. The central issue on appeal is whether, for purposes of municipal liability under section 1983, the City Manager, made city policy by declining to overrule a subordinate’s discretionary decision to fire Gillette. We hold that such conduct does not give rise to municipal liability. We also conclude that municipal liability does not arise in this case because Gillette was not suspended pursuant to a city policy or custom. Accordingly, we reverse the district court’s denial of the City’s motion for judgment notwithstanding the verdict (JNOV).

I. FACTS AND PROCEDURAL BACKGROUND

On May 31, 1983, Battalion Chief Duane Delmore notified Gillette that he was charged with three incidents of misconduct that warranted his termination. Gillette was suspended with pay and informed of his right to respond to the charges.

The focus of this litigation is the third incident, an emergency medical call on May 19,…