6th Circ. Says EMS Capt. Fired For Tamir Rice Posts Can Sue

Law360 (August 19, 2020, 7:36 PM EDT) -- The Sixth Circuit ruled Wednesday that a former Cleveland emergency medical services supervisor's retaliation suit should not have been thrown out, finding posts on his Facebook page praising the killing of 12-year-old Tamir Rice might be constitutionally protected. 

In its order, the three-judge panel nixed a summary judgment win for the city, saying postings on Jamie Marquardt's Facebook page expressed more than just a "personal beef" and addressed a matter of public concern, as required for them to be protected speech. 

According to the opinion, the posts seemed to assert that Rice's killing was justified and that the child shouldn't be...

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