Luz Gonzalez v. Lee County Housing Authority, 161 F.3d 1290 (1998)

Citation: Luz Gonzalez v. Lee County Housing Authority, 161 F.3d 1290 (1998)
Parent Document: Luz Gonzalez v. Lee County Housing Authority, 161 F.3d 1290 (1998)
Jurisdiction: United States (federal)
Effective Date: 1998-12-02
Original Source: https://www.courtlistener.com/opinion/759590/luz-gonzalez-v-lee-county-housin... ↗

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In order to determine whether the letter satisfies the public concern requirement, we must analyze its "content, form, and context ... as revealed by the whole record," Connick, 461 U.S. at 147-48, 103 S.Ct. at 1690, and evaluate whether Gonzalez's purpose was "to raise issues of public concern, on the one hand, or to further her own private interest, on the other," Morgan v. Ford, 6 F.3d 750, 754 (11th Cir.1993). This question is one of law, not of fact. See Connick, 461 U.S. at 148 n. 7, 103 S.Ct. at 1690 n. 7. If it is unclear whether the letter satisfies the public concern requirement, then Moran is entitled to qualified immunity on Gonzalez's section 1983 claim because Moran's actions did not violate Gonzalez's clearly established First Amendment rights. See Badia v. City of Miami, 133 F.3d 1443, 1445 (11th Cir.1998) (per curiam).

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