Botello

MEMORANDUM **

Adriana Botello, in her capacity as administrator of the estate of Rene Botello, appeals the district court’s judgment after trial in favor of District Attorney Richard Gammick, Assistant District Attorney John Helzer, and Washoe County in Rene Botello’s First Amendment retaliation case. Because the parties are familiar with the relevant facts, we discuss them only as necessary. We affirm in part, reverse in part, and remand for proceedings consistent with this opinion.

In order to establish a First Amendment retaliation claim against a government employer, a government employee must show that (1) he engaged in protected speech; (2) the employer took “adverse employment action”; and (3) his speech was a “substantial or motivating factor” for the adverse action. Coszalter v. City of Salem, 320 F.3d 968, 973 (9th Cir.2003).

*279 The district court erred in finding Botello did not engage in constitutionally protected speech. His comments to the State of Nevada Attorney General (“AG”) — questioning the accuracy of a nurse in the Child Abuse Response and Evaluation (“CARES”) program and requesting an audit — involved a matter of public concern and were made as a…