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Reason
Reason
Politics
Eugene Volokh

"Only an Official with Skin as Thin as Rice Paper Could Find That Insulting"

From Myers v. City of Centerville, decided Thursday by the Sixth Circuit (Judge Richard Suhrheinrich, joined by Judges Karen Nelson Moore and Eric Clay):

By nearly all accounts, James Myers was a model employee for the City of Centerville, steadily climbing the Police Department's ranks over three decades to become a detective sergeant. In 2015, however, Myers started causing headaches for the City's bigwigs—in a smalltown, Frank Serpico sort of way. He reported several serious allegations of misconduct among the Department's upper brass, some of which have yet to be fully investigated.

{[In particular, i]n October 2018, Myers learned that Brad Kavalunas, a longtime employee of the City's Public Works Department "with whom [Myers] was familiar," was fired for actions and speech that the City deemed "bigot[ed]" and harassing. Although Myers was not involved in any investigation leading to Kavalunas's termination, Kavalunas asked him for "a character letter." Myers obliged, writing a letter off-the-clock and at home; that letter, which the parties dub the "Brannon Letter," was later given to Manager Davis by Kavalunas's attorney.} … The City … suspend[ed] Myers without pay for five days. Not long thereafter, the City fired Myers, allegedly for secretly recording a meeting between him, City Manager Wayne Davis, and Police Chief Matt Brown.

Myers sued, claiming he was retaliated for his speech, including the letter supporting the Public Works acquaintance; here's the court's analysis, which for procedural reasons is focused on the suspension based on the letter:

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