Alpha Energy Savers, Inc., an Oregon Corporation Robert Obrist v. Diane Hansen Multnomah County Judy Swendsen
Opinion
Opinion
Reinhardt, J.
This case requires us to consider the scope of constitutional protection afforded to public contractors who serve as witnesses in judicial and administrative proceedings. Robert Obrist testified at a grievance hearing, and filed an affidavit and agreed to be listed as a witness in a federal discrimination lawsuit, on behalf of a former employee of Multnomah County. The County and two of its employees, Diane Hansen and Judy Swendsen (collectively referred to as “the defendants”), allegedly retaliated against Obrist by manipulating the County’s contracting procedures in order to deny work to his company, Alpha Energy Savers, Inc.
The district court granted summary judgment for the defendants on the ground that Obrist’s expressive conduct did not touch upon a matter of public concern and, thus, could not support a First Amendment retaliation claim under 42 U.S.C. § 1983 . We reverse that ruling against Obrist and Alpha (collectively referred to as “the plaintiffs”). We also reverse the district court’s grant of summary judgment on the plaintiffs’ supplemental Oregon state law claim of intentional interference with contractual relations.