Hufford

Brad Hufford alleges that the defendants violated his clearly established First Amendment rights when they discharged him for reporting that fellow firefighters had downloaded a large cache of hard core pornographic files on the firestation’s computers. Defendants appeal from the denial of their summary judgment motion asserting qualified immunity under 42 U.S.C. § 1983 . We affirm in part and reverse in part.

I

Hufford began his employment with the North Ada County Fire and Rescue District (“the Department”) in January, 1985. *1145 In 1992, Hufford was promoted to Shift Captain, where he remained until he was discharged effective May 4, 1998. As Shift Captain, Hufford was outranked only by the fire chief and the deputy fire chief.

At all relevant times, the Department’s policy prohibited “[displaying visuals of sexual content ... i.e., nude pictures, videotapes, etc.” In December, 1996, when the Department was contemplating the purchase of an Internet connection, Huf-ford suggested that the Department adopt a policy explicitly prohibiting the use of the connection to view pornographic Web sites. The Department did not adopt a computer-specific policy at that time; however, the…