On August 24, 2010, the Tenth Circuit Court of Appeals---the federal court having jurisdiction over Utah---ruled in Deutsch v. Jordan that a sheriff could continue in his claims against a city manager for firing him for what she claimed was his false testimony in a private law suit he brought against a citizen. The private citizen had claimed that the sheriff had misappropriated money to purchase a laptop computer. After making the accusation, the sheriff brought a claim of defamation against the citizen in small claims court. The sheriff lost the case and afterward was fired by the city manager for alleged false statements made in the court proceeding.
The sheriff then brought a claim against the city manager for violation of his first amendment right to free speech. The city manager claimed that the sheriff's testimony in trial was not protected speach and that, even if it were, she was entitled to immunity from suit. The Tenth Circuit rejected both arguments and affirmed the district court's determination that the sheriff could continue with his claim against the city manager.Labels: First Amendment, Government Employees, Government Employer, Tenth Circuit