Stella Satter v. State of Washington Department of Ecology

MEMORANDUM

Stella Satter appeals the district court’s grant of summary judgment in favor of defendants. Satter claims that an unconstitutional prior restraint was placed on her speech during the pendency of an investigation into her work-related conduct. Satter also claims she was constructively discharged from her position at the Department of Ecology (“DOE”) because she resigned under duress. We agree with the district court that Slattery had qualified immunity and that Satter’s resignation was voluntary.

We assume, without deciding, that Slattery’s restriction on Satter’s speech led to a constitutional violation under the balancing test set forth in Pickering v. Board of Education, 391 U.S. 563 , 88 S.Ct. 1731 , 20 L.Ed.2d 811 (1968). Nonetheless, Slat-tery is entitled to qualified immunity for this claimed violation if his actions did not violate a “cleai’ly established” right. A right is “clearly established” if “the contours of the right [are] sufficiently clear that a reasonable official would understand that what he is doing violates that right.” Moran v. Washington, 147 F.3d 839, 844-45 (9th Cir.1998) (internal quotation marks omitted). “Because the underlying…