Troy K. Scheffler v. Jack Molin, 743 F.3d 619

On Oct. 3, 2008, Troy Scheffler went to Crystal City Hall to question building inspector Jack Molin about a stop-work order on a friend’s property.
Molin yelled at Scheffler, called him a "criminal," escorted him to the door with a hand on his shoulder, and later instructed a city employee to call the police when Scheffler returned seeking a complaint form.
City employees present believed Molin acted inappropriately; Scheffler then spoke with a police sergeant who investigated and provided him contact information to file a complaint.
Scheffler filed a § 1983 suit alleging Molin’s conduct violated his First Amendment rights (retaliation for speech and petitioning). He also asserted a defamation claim (not at issue on appeal).
The district court denied Scheffler’s summary judgment motion, granted summary judgment to Molin and the City, and dismissed the § 1983 claim with prejudice. The Eighth Circuit affirmed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Molin’s instruction to call police and his conduct constituted First Amendment retaliation for Scheffler's speech/petitioning	Scheffler: Molin’s yelling, escorting him out, and ordering police called were adverse actions that would chill a person of ordinary firmness from petitioning/speaking	Molin: Conduct did not amount to a constitutionally significant adverse action; no violation occurred (and alternatively qualified immunity applies)	Court: No First Amendment violation — Molin’s conduct was disrespectful but not sufficiently adverse or coercive to chill a person of ordinary firmness; summary judgment for defendants affirmed
Whether qualified immunity shields Molin	Scheffler: Official conduct violated clearly established First Amendment rights	Molin: Even if conduct actionable, qualified immunity protects him	Court: Because there was no constitutional violation, court did not need to reach qualified immunity; defendants prevail

Naucke v. City of Park Hills, 284 F.3d 923 (8th Cir. 2002) (retaliation test and examples of insufficiently egregious conduct)
Garcia v. City of Trenton, 348 F.3d 726 (8th Cir. 2003) (officials using government enforcement to punish speech can chill and constitute retaliation)
Chambers v. Pennycook, 641 F.3d 898 (8th Cir. 2011) (qualified immunity—two-step inquiry)
Riehm v. Engelking, 538 F.3d 952 (8th Cir. 2008) (no need to address qualified immunity if no constitutional violation)
Santiago v. Blair, 707 F.3d 984 (8th Cir. 2013) (threats of police action may be adverse in some circumstances)
Stone v. Harry, 364 F.3d 912 (8th Cir. 2004) (claims not raised in district court generally not considered on appeal)