Opinion

Martha L. Pike Cynthia J. Kincer v. Kermit L. Osborne, Individually and in His Capacity as Sheriff of Wythe County, Virginia

  • 301 F.3d 182
  • 18 I.E.R. Cas. (BNA) 1786
  • 2002 U.S. App. LEXIS 15134
  • 2002 WL 1733792
Court
Court of Appeals for the Fourth Circuit
Filed
Jul 29, 2002
Status
Published
Author
Broadwater
On the bench
Niemeyer, Hamilton, Broadwater, Northern, Virginia
Cited by
19 cases

concluding that the plaintiff’s evidence of the causal connection between speech and retaliation was sufficient even though it was "thin and circumstan- tial"

How later courts described this case

  • concluding that the plaintiff’s evidence of the causal connection between speech and retaliation was sufficient even though it was "thin and circumstan- tial"
  • observing that “Jenkins is confusing, at best” when applied to a slightly different context than that at issue in the case
  • “Only infrequently will it be ‘clearly established’ that a public employee’s speech on a matter of public concern is constitutionally protected, because the relevant inquiry requires a ‘particularized balancing’ that is subtle, yet difficult to apply, and not yet well defined.” (quotation omitted)
  • adopting Judge Hamilton’s reasoning

Written by the judges who cited it.

The opinion

BROADWATER, District Judge,

concurring in the judgment.

I agree with Judge Niemeyer’s opinion insofar as his opinion concludes that the district court’s judgment should be reversed. However, I agree with the reasoning of Judge Hamilton’s concurring in the judgment opinion, which correctly explains why Sheriff Osborne was entitled to qualified immunity.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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