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Legal Update
Retaliation under 42 USC Section 1983 – Stilwell v. City of Williams, No.
14-15540, F.3d (9th Cir. Aug. 5, 2016)
Facts
• Stillwell (P) was the Superintendent of the Water Department
• P signed a sworn statement in support of the prior HR Director’s
lawsuit wherein she alleged she was terminated for complaining about
age discrimination against another city employee.
• Assistant City Manager learned about this and began taking negative
actions toward P.
• A few months later, P was terminated.
Legal Update PAGE 16
Retaliation under 42 USC Section 1983 – Stilwell v. City of Williams, No. 14-
15540, F.3d (9th Cir. Aug. 5, 2016)
Holding
• Defendant asserted that P’s 42 USC Section 1983 First Amendment
claim was barred because the retaliation provision of the ADEA precluded
such a claim.
• Ninth Circuit found that the ADEA does not bar a retaliation claim under
42 USC Section 1983.
Rationale
• ADEA retaliation provision provides less protection than does the First
Amendment so the Court felt that Congress did not intend to limit the
protections available.
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