Block on Trump's Asylum Ban Upheld by Supreme Court
In an action for First Amendment retaliation and retaliatory discharge, summary judgment for defendant is reversed where: 1) plaintiff established a prima facie case for retaliation and presented sufficient evidence from which a jury could infer that defendants' stated reason for terminating her employment was pretextual; 2) plaintiff's Monell claim may proceed to trial as plaintiff has shown that the mayor was the final policymaker for defendant, such that defendant may be held liable if the jury finds that the mayor and village administrator retaliated against her in violation of her First Amendment rights; and 3) defendant is not entitled to immunity under the the Illinois Tort Immunity Act from plaintiff's retaliatory discharge claim as the decision to fire her did not amount to a policy decision as defined by the Illinois courts.
Appeal from the United States District Court for the Northern District of Illinois, Eastern Division.
Argued: May 12, 2008
Decided: July 30, 2009
Before ROVNER, EVANS, and WILLIAMS, Circuit Judges.
Opinion by WILLIAMS, Circuit Judge.