Brian Bresnahan v. City of St. Peters

Summary

The Eighth Circuit reversed dismissal of a § 1983 First Amendment retaliation claim, holding that a police officer plausibly alleged he spoke as a private citizen on a matter of public concern when he shared a satirical video about Black Lives Matter and police shootings in a departmental group text. The court found the speech was not made pursuant to official duties because the group text included unrelated content, and the video's content, form, and context—criticizing BLM and media coverage—sufficiently implicated a matter of public concern. The case was remanded for further proceedings, including potential application of the Pickering balancing test.

Holdings

1. Bresnahan's complaint states a claim for First Amendment retaliation because he plausibly alleged that he was acting as a private citizen and that his speech involved a matter of public concern.

Questions Presented

1. Whether Bresnahan spoke as a private citizen or a public employee when he sent the video.
2. Whether Bresnahan's speech involved a matter of public concern.

Disposition

reversed_and_remanded