September 2021 - Parks & Recreation - 39

immunity would protect the city
officials " from liability
for
civil
damages insofar as their conduct
does not violate clearly established
statutory or constitutional rights
of
which
a
reasonable
person
would have known " :
For a right to be clearly established,
a plaintiff must identify
either case law with indistinguishable
facts, a broad statement of
principle within the Constitution,
statute, or case law, or conduct
so egregious that a constitutional
right was clearly violated, even in
the total absence of case law.
Further, to defeat qualified immunity,
the court acknowledged
the clearly established law must
apply with obvious clarity to the
circumstances and not " a high level
of generality. " In this particular
instance, the court noted: " Plaintiff
cites no case law with similar
facts to show that the conditions
in her employment letter or the requirement
that she sign the letter
violated her constitutional rights. "
As a result, the federal appeals
court held the city officials were
" entitled to qualified immunity. "
Moreover, the court found Plaintiff's
" arguments about general
First Amendment principles "
were " too abstract to make it obvious
that the officials' conduct
violated her rights. "
State Whistleblower Act
As cited by the federal appeals
court, the Georgia Whistleblower
Act prohibited retaliation by a public
employer against a public employee
" for disclosing a violation
of or noncompliance with a law,
rule or regulation to either a supervisor
or a government agency, unless
the disclosure was made with
knowledge that the disclosure was
false or with reckless disregard for
its truth or falsity. " Ga. Code Ann.
ยง 45-1-4(d)(2).
As noted by the court, Georgia
applies a " burden-shifting
framework " to retaliation claims
brought under the Georgia Whistleblower
Act, in which " the
plaintiff must first establish a
prima facie case of retaliation. "
(A prima facie case, i.e., " at first
sight, " is one in which the plaintiff's
initial
complaint includes
sufficient allegations to provide
the legal basis for a claim.) If
the plaintiff's prima facie case
for retaliation is established, the
burden shifting framework would
continue:
Further, to defeat qualified
immunity, the court
acknowledged the clearly
established law must apply
with obvious clarity to the
circumstances and not " a high
level of generality. "
[T]he burden would shift to the
employer to articulate a legitimate,
non-retaliatory reason for the adverse
employment action taken. If
the employer offers a legitimate,
non-retaliatory reason, the burden
shifts back to the plaintiff to establish
that the proffered reason for its
action is pretextual.
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| Parks & Recreation
39

September 2021 - Parks & Recreation

Table of Contents for the Digital Edition of September 2021 - Parks & Recreation

September 2021 - Parks & Recreation - Intro
September 2021 - Parks & Recreation - Cover1
September 2021 - Parks & Recreation - Cover2
September 2021 - Parks & Recreation - 1
September 2021 - Parks & Recreation - 2
September 2021 - Parks & Recreation - 3
September 2021 - Parks & Recreation - 4
September 2021 - Parks & Recreation - 5
September 2021 - Parks & Recreation - 6
September 2021 - Parks & Recreation - 6a
September 2021 - Parks & Recreation - 6b
September 2021 - Parks & Recreation - 7
September 2021 - Parks & Recreation - 8
September 2021 - Parks & Recreation - 9
September 2021 - Parks & Recreation - 10
September 2021 - Parks & Recreation - 11
September 2021 - Parks & Recreation - 12
September 2021 - Parks & Recreation - 13
September 2021 - Parks & Recreation - 14
September 2021 - Parks & Recreation - 15
September 2021 - Parks & Recreation - 16
September 2021 - Parks & Recreation - 17
September 2021 - Parks & Recreation - 18
September 2021 - Parks & Recreation - 19
September 2021 - Parks & Recreation - 20
September 2021 - Parks & Recreation - 21
September 2021 - Parks & Recreation - 22
September 2021 - Parks & Recreation - 23
September 2021 - Parks & Recreation - 24
September 2021 - Parks & Recreation - 25
September 2021 - Parks & Recreation - 26
September 2021 - Parks & Recreation - 27
September 2021 - Parks & Recreation - 28
September 2021 - Parks & Recreation - 29
September 2021 - Parks & Recreation - 30
September 2021 - Parks & Recreation - 31
September 2021 - Parks & Recreation - 32
September 2021 - Parks & Recreation - 33
September 2021 - Parks & Recreation - 34
September 2021 - Parks & Recreation - 35
September 2021 - Parks & Recreation - 36
September 2021 - Parks & Recreation - 37
September 2021 - Parks & Recreation - 38
September 2021 - Parks & Recreation - 39
September 2021 - Parks & Recreation - 40
September 2021 - Parks & Recreation - 41
September 2021 - Parks & Recreation - 42
September 2021 - Parks & Recreation - 43
September 2021 - Parks & Recreation - 44
September 2021 - Parks & Recreation - 45
September 2021 - Parks & Recreation - 46
September 2021 - Parks & Recreation - 47
September 2021 - Parks & Recreation - 48
September 2021 - Parks & Recreation - 49
September 2021 - Parks & Recreation - 50
September 2021 - Parks & Recreation - 51
September 2021 - Parks & Recreation - 52
September 2021 - Parks & Recreation - 53
September 2021 - Parks & Recreation - 54
September 2021 - Parks & Recreation - 55
September 2021 - Parks & Recreation - 56
September 2021 - Parks & Recreation - 57
September 2021 - Parks & Recreation - 58
September 2021 - Parks & Recreation - 59
September 2021 - Parks & Recreation - 60
September 2021 - Parks & Recreation - 61
September 2021 - Parks & Recreation - 62
September 2021 - Parks & Recreation - 63
September 2021 - Parks & Recreation - 64
September 2021 - Parks & Recreation - 65
September 2021 - Parks & Recreation - 66
September 2021 - Parks & Recreation - 67
September 2021 - Parks & Recreation - 68
September 2021 - Parks & Recreation - 69
September 2021 - Parks & Recreation - 70
September 2021 - Parks & Recreation - 71
September 2021 - Parks & Recreation - 72
September 2021 - Parks & Recreation - Cover3
September 2021 - Parks & Recreation - Cover4
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/september-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/august-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/july-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/june-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/may-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/april-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/march-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/february-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/january-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/december-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/november-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/october-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/september-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/august-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/july-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/june-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/may-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/april-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/march-2021
https://www.nxtbookmedia.com