9th Cir.
10-55978
The court of appeals, sitting en banc, reversed a district court’s order of dismissal and remanded the action for further proceedings. The court overruled its decision in Huppert v. City of Pittsburg and held that courts must make a “practical” inquiry when analyzing the scope of a government employee’s professional duties in actions alleging unlawful retaliation in violation of the First Amendment. The court held further that placement on administrative leave can constitute an adverse employment action under appropriate circumstances.
