Richard Holbrook v. Glen Whorton

MEMORANDUM

Richard Holbrook is a former senior correctional officer for the Nevada Department of Corrections (“NDOC”). He appeals the district court’s grant of judgment on the pleadings and summary judgment against his First Amendment retaliation and defamation claims. We review those rulings de novo. Lyon v. Chase Bank USA, N.A., 656 F.3d 877, 883 (9th Cir. 2011) (judgment on the pleadings); Anthoine v. N. Cent. Cntys. Consortium, 605 F.3d 740, 747 (9th Cir.2010) (summary judgment).

In a First Amendment retaliation claim against a government employer, the plaintiff bears the initial burden of showing that his speech addressed a matter of public concern. Eng v. Cooley, 552 F.3d 1062, 1070 (9th Cir.2009). Holbrook stated in his complaint that he informed the NDOC director about procedural violations by other officers “in the context of seeking an accommodation for his [employment] predicament.” “Looking to the ‘content, form, and context’ ” of Holbrook’s conversation with the director, we agree with the district court that the speech addressed a personal grievance and employment dispute, rather than a matter of public concern. Brownfield v. City of Yakima, 612 F.3d 1140, 1149…