Acevedov.Diaz de la Portilla
Hubert Arturo Acevedo, recruited as Miami’s police chief to reform the department, alleged that city commissioners Alex Diaz de la Portilla, Manuel Reyes, and Joe Carollo interfered with internal investigations and pushed police to target a businessman who had backed a political opponent. After Acevedo sent a whistleblower memo about the commissioners to the mayor, the city manager, state prosecutors, and the FBI, the commissioners publicly attacked him, including by playing video of him in an Elvis costume, the city manager suspended him with pay, and the commission fired him. He sued for First Amendment retaliation, and the district court denied the officials’ motions to dismiss on immunity grounds. The Eleventh Circuit held that, on the facts alleged, the commissioners were not entitled to legislative or qualified immunity. Firing a police chief is an administrative personnel decision rather than a legislative act, and the memo was citizen speech because a city resolution had removed investigations of officials from the chief’s duties and he sent it to outside law enforcement. Exposing official corruption lies at the core of the First Amendment, the complaint alleged no disruption, and precedents such as Oladeinde and Fikes clearly established the violation, so policymaker and police-discipline rationales could not tip the Pickering balance at this stage. The court reversed as to City Manager Arthur Noriega, holding that he was entitled to qualified immunity because it was not clearly established that suspending the chief with pay pending a termination hearing was an adverse employment action.
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