Tenth Circuit Explains That ‘Pickering’ Balancing Is Rarely Appropriate in Ruling on Motions to Dismiss

In Brown v. City of Tulsa, involving a former police officer’s First Amendment retaliation claim under 42 U.S.C. Section 1983 (Section 1983), the U.S. Court of Appeals for the Tenth Circuit held that conducting Pickering balancing at the motion to dismiss stage is almost always improper.

       

In Brown v. City of Tulsa, involving a former police officer’s First Amendment retaliation claim under 42 U.S.C. Section 1983 (Section 1983), the U.S. Court of Appeals for the Tenth Circuit held that conducting Pickering balancing at the motion to dismiss stage is almost always improper.