Eighth Circuit Affirms Denial of Qualified Immunity to Mayor and Police Chief of Missouri City in First Amendment … – Law.com

The U.S. Court of Appeals for the Eighth Circuit recently affirmed the U.S. District Court for the Western District of Missouris denial of summary judgment based on qualified immunity to two individual defendants who had been sued for First Amendment retaliation under Section 1983. The decision hinged on whether a genuine issue of material fact existed as to whether the plaintiffstwo former police officersspoke as citizens on matters of public concern when they complained in writing to the mayor about the police chief.

The case, Noon v. City of Platte Woods, Missouri, 94 F.4th 759 (8th Cir. 2024), is the second federal lawsuit involving the termination of appellees Thomas Noon and Christopher Skidmore, both former police officers for the citys police department. During their employment, Noon and Skidmore raised several concerns about Police Chief James Kerns, culminating in their sending a complaint packet to Mayor John Smedley and the citys board of aldermen. The complaint packet included a list of complaints about Kernss leadership, noted over 180 violations of the police departments standard operating procedures, and concluded by stating, It is our belief that our oath of office to serve the community requires this action.

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Eighth Circuit Affirms Denial of Qualified Immunity to Mayor and Police Chief of Missouri City in First Amendment ... - Law.com