Weast v. Pierce County
Weast v. Pierce County
Opinion of the Court
MEMORANDUM
Plaintiff-Appellee Rod C. Weast, a sergeant with the Pierce County Sheriffs Department (“the Department”), filed a 42 U.S.C. § 1983 claim alleging that he was removed from his position as supervisor of the Hazardous Devices Squad (“HDS”) after criticizing the policies and management of the Department. The individual defendants, Sheriff John Shields and Captain Myron Smith, asserted that they were entitled to qualified immunity and moved for summary judgment dismissal. The district court denied the motion. Defendants filed this interlocutory appeal.
Qualified immunity will attach to Shields and Smith unless Weast can show “1) that [his] speech involved a matter of public concern, and 2) that the interests served by allowing [him] to express [himself] outweighed the [County’s] interest in promoting workplace efficiency and avoiding workplace disruption.” Keyser v. Sacramento City Unified Sch. Dist., 265 F.3d 741, 747 (9th Cir. 2001) (citing Brewster v. Board of Educ., 149 F.3d 971, 978 (9th Cir. 1998)). This balancing of free expression and workplace disruption was first articulated in Pickering v. Board of Educ., 391 U.S. 563, 568, 88 S.Ct. 1731, 20 L.Ed.2d 811 (1988).
We next examine whether Weast has shown that the Pickering balancing test weighs in his favor. This test requires “a balance between the interests of [Weast], as a citizen, in commenting on matters of public concern and the interest of the [County], as an employer, in promoting the efficiency of the public services it performs through its employees.” Pickering, 391 U.S. at 568, 88 S.Ct. 1731. In this balance, we recognize that the defendants have “wide discretion and control over the management of [their] personnel and internal affairs.” Connick v. Myers, 461 U.S. 138, 151, 103 S.Ct. 1684, 75 L.Ed.2d 708 (1983)
Defendants also contend that Weast was removed from his position as HDS supervisor because he was not competent to lead the HDS. Defendants’ alleged justifications for removal, however, do not address whether Weast’s letter or whistleblower complaint disrupted the Department’s operations or “threatened to have any such negative consequence.” Gilbrook, 177 F.3d at 868.
Weast has shown that (1) his speech involved a matter of public concern and (2) the Pickering balancing test weighs in his favor. We affirm the district court’s denial of summary judgment on defendants’ qualified immunity claim.
AFFIRMED.
This disposition is inappropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by Ninth Circuit Rule 36-3.
Reference
- Full Case Name
- Rod C. WEAST v. PIERCE COUNTY John Shields, in his official and individual capacities and Myron Smith, in his official and individual capacities
- Cited By
- 2 cases
- Status
- Published