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Theresa Ortloff v. Dave Trimmer, et al.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 18-35538 · judgment July 18, 2019


Certiorari denied · January 13, 2020
Pre-decision estimate: 1% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

  1. Must the entire record, including motives, main thrust of the speech, and all instances of speech be reviewed under Connick v. Myers, 461 U.S. 138 (1983) to determine if there is a public interest associated with the speech under the First Amendment?

  2. Does Connick v. Myers, 461 U.S. 138 (1983) require a public employee to protect a large class of persons to be protected under the First Amendment when the employee criticizes an illegal pay padding scheme and an inefficient record keeping system in an attempt to help junior employees?

  3. Is criticism of an inefficient public employee record keeping system, such as paper notes kept by a dispatcher showing work assignments and availabilities, speech protected by the First Amendment?

  4. Does placement of a public employee on a blacklist that violates state law, such as the Do Not Hire/Dispatch List, violate Procedural Due Process under the Fourteenth Amendment?

  5. Does placement of a public employee on a blacklist that violates state law, after the employee criticizes shorting the pay of junior employees and inefficient recordkeeping systems, constitute retaliation under the First Amendment?

Counsel of record

For petitioner
Shawn G. Hart
Hart Law Office PLLC

For respondent
Anne Elizabeth Egeler

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jan 13 2020
    Petition DENIED.
  2. Dec 18 2019
    DISTRIBUTED for Conference of 1/10/2020.
  3. Dec 16 2019
    Waiver of right of respondent Dave Trimmer, et al. to respond filed.
  4. Nov 19 2019
    Petition for a writ of certiorari filed. (Response due December 20, 2019)