Francis R. Carter, Jr. v. City of Melbourne, Florida, 731 F.3d 1161

Carter, a Melbourne Police Department officer for 22 years, was terminated in 2010 following an Internal Affairs investigation and a Brevard County Sheriff’s investigation.
He opposed Chief Carey’s hiring in 2003 and, as Melbourne police union president (2009), campaigned against Carey on morale and discipline issues.
Carter campaigned for City Council candidates, lobbied Council members, donated to campaigns, and publicly criticized city leadership.
He participated in off-duty political activities including protests, pamphleteering, fundraising, and relationships with City Council members related to police governance.
An Internal Affairs investigation (Nov. 2009–2010) led to disciplinary action for improper use of a department apartment; the FDLE later found charges unfounded and dropped them in Jan 2010.
Although the union and internal processes allowed administrative review, the district court and court of appeals held there was no evidence that Schluckebier or other final policymakers caused the firing; arbitration review did not establish final policymaking authority for Monell purposes.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Monell liability requires final policymaker action	Carter argues final policymaker approved/ratified firing	City asserts no final policymaker decision by Schluckebier	Monell claims fail; no evidence of final policymaker firing decision
First Amendment retaliation by city officials	Carter’s off-duty political speech was protected	Speech did not play substantial role in decisions against him	Claim fails; no substantial motivating role shown by speech
False arrest, imprisonment, and malicious prosecution	Arrest lacked probable cause and was caused by defendants	FDLE conducted independent investigation; defendants did not cause arrest	Claims fail; no causation or probable-cause showing

Monell v. New York City Dep’t of Social Servs., 436 U.S. 658 (U.S. 1978) (municipal liability; official policy required for liability)
Pembaur v. City of Cincinnati, 475 U.S. 469 (U.S. 1986) (final policymaker standard; act by city officials must be official policy)
Jett v. Dallas Indep. Sch. Dist., 491 U.S. 701 (U.S. 1989) (final policymaking authority inquiry for municipal liability)
City of St. Louis v. Praprotnik, 485 U.S. 112 (U.S. 1988) (meaningful review by policymakers; arbitrator review not final policymaker action)
Connick v. Myers, 461 U.S. 138 (U.S. 1983) (test for whether speech is on a matter of public concern)