Anthony Gibson v. Jeffrey Kilpatrick
773 F.3d 661
5th Cir.2014Background
- Gibson, as Chief of Police, reported Kilpatrick for misusing the city gasoline card to outside agencies.
- Kilpatrick issued written reprimands to Gibson for various alleged deficiencies over two years.
- Gibson filed a §1983 claim for First Amendment retaliation and state-law tort claims; Kilpatrick and the City moved for summary judgment on qualified immunity and MTCA notice.
- District court denied qualified immunity on the First Amendment claim but granted MTCA-based dismissal for the state-law claims.
- Court later remanded after Lane v. Franks to reconsider the First Amendment issue in light of new guidance.
- Gibson appealed the denial of qualified immunity; Gibson cross-appealed the MTCA-based dismissal of a malicious-interference tort claim; Kilpatrick sought dismissal of the cross-appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Gibson’s reports were protected First Amendment speech. | Gibson insisted he spoke as a citizen, not as an employee. | Kilpatrick argued Gibson spoke within his official duties, outside protected speech. | Garcetti governs; Gibson’s reports are not clearly established as citizen speech. |
| Whether Kilpatrick is entitled to qualified immunity on Gibson’s First Amendment claim. | Gibson contends his speech violated clearly established rights. | Kilpatrick argues rights were not clearly established under Garcetti/Lane. | Qualified immunity reversed; district court erred in denying it. |
| Whether the cross-appeal regarding MTCA notice is jurisdictionally proper. | Gibson cross-appealed the MTCA dismissal. | Court lacks jurisdiction over pendent state-law tort appeal. | Cross-appeal dismissed for lack of jurisdiction. |
Key Cases Cited
- Garcetti v. Ceballos, 547 U.S. 410 (U.S. 2006) (public employees' speech governed by official duties; not protected when in scope of employment)
- Lane v. Franks, 134 S. Ct. 2369 (S. Ct. 2014) (truthful testimony outside ordinary job duties may be citizen speech; framework refined)
- Pickering v. Bd. of Educ., 391 U.S. 563 (U.S. 1968) (balance between public interest in discourse and efficiency of public services)
- Connick v. Myers, 461 U.S. 138 (U.S. 1983) (decision framework for public employee speech on matters of public concern)
- Davis v. McKinney, 518 F.3d 304 (5th Cir. 2008) (outside communications factors in Garcetti applicability)
- Kovacic v. Villarreal, 628 F.3d 209 (5th Cir. 2010) (burden-shifting on qualified immunity)