The court of appeals affirmed a judgment of the district court in part, reversed in part and remanded. The court held that material issues of fact precluded summary judgment in a former public employee’s First Amendment retaliation claim against a public entity as to the issue of termination in retaliation for bypassing supervisors to take allegations of lack of compliance with legal obligations directly to the chairman of the governing board.

Nelson Anthoine was employed from 1988 until his termination in May 2005 as a program analyst by the North Central Counties Consortium (NCCC), a public entity created by five California counties to administer the Workforce Investment Act.