Henry E. Lyons v. F. Wayne Vaught; Reginald Bassa

Summary

The Eighth Circuit held that university officials were entitled to qualified immunity from a public employee's First Amendment retaliation claims. The court concluded that, under Garcetti v. Ceballos, it was not clearly established that the lecturer's complaints about preferential academic treatment of student athletes were protected citizen speech rather than speech pursuant to his official duties. The court reversed and remanded with directions to dismiss the damages claims.

Holdings

1. Vaught and Bassa were entitled to qualified immunity because Lyons failed to show that it was clearly established that his speech to the chancellor, made after and concerning the grade appeal involving his student athlete, was protected citizen speech rather than speech pursuant to his official duties.
2. Lyons's speech during the student grade-appeal process was unprotected because it was made pursuant to his grading duties and the university's established appeal process.
3. The district court erred by allowing Lyons to amend his complaint without applying the more rigorous post-dismissal standards required after the Eighth Circuit's prior decision.

Questions Presented

1. Whether Vaught and Bassa were entitled to qualified immunity because, at the time of the alleged retaliation, it was not clearly established that Lyons's speech to the university chancellor concerning preferential treatment of student athletes was made as a citizen rather than pursuant to his official duties.
2. Whether the second amended complaint alleged a violation of a clearly established First Amendment right sufficient to overcome qualified immunity.

Disposition

reversed_and_remanded