Morris v. City of Colorado Springs
666 F.3d 654
| 10th Cir. | 2012Background
- Morris, a registered nurse, worked for Memorial Health System, operated by the City of Colorado Springs.
- She joined Memorial’s Heart Team, performing heart surgeries under Dr. Bryan Mahan.
- In June 2008, Mahan flicked Morris on the head with a finger; another head-flick occurred weeks later.
- In August 2008, Mahan threw patient pericardium tissue toward Morris; he joked about the incident afterward.
- Morris reported the incidents; Memorial and HR investigated; a team-building program followed; she was later reassigned away from the Heart Team after filing a Notice of Claim on December 10, 2008.
- She filed suit on June 26, 2009 alleging First Amendment retaliation under 42 U.S.C. § 1983 and Title VII harassment against Memorial and the City.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Morris’s notice speech was on a matter of public concern | Morris contends the notice raised public-interest issues | Morris’s notice was a personal employment dispute, not public concern | Yes, the claim failed; not a public-concern speech |
| Whether Morris proved a Title VII hostile-work-environment claim | Morris argues conduct was severe or pervasive | Morris failed to show severity/pervasiveness | No, no genuine material fact; environment not actionable |
Key Cases Cited
- Garcetti v. Ceballos, 547 U.S. 410 (U.S. 2006) (public employee speech balancing test)
- Pickering v. Board of Education, 391 U.S. 563 (U.S. 1968) (speech vs. government efficiency balance for public employees)
- Connick v. Myers, 461 U.S. 138 (U.S. 1983) (public concern requirement for petition/speech claims)
- Borough of Duryea v. Guarnieri, 131 S. Ct. 2488 (U.S. 2011) (protection extends to Petition Clause claims; public concern considerations)