9th Circ. Revives Cop's Suit Over Divisive Facebook Post

Law360 (January 13, 2021, 8:49 PM EST) -- A split Ninth Circuit has held that a lower court improperly dismissed a Las Vegas police officer's suit over his demotion because of a social media post, finding that factual disputes exist over the Facebook comment that it was a "shame" a suspect had no "holes" in him.

Tuesday's majority opinion by Circuit Judge Kenneth K. Lee said the lower court did not properly apply the long-established "Pickering test" when granting summary judgment for the Las Vegas Metropolitan Police Department, and it remanded the case to the lower court while saying a jury should decide the true meaning of the comment....

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