City attorney use of email

PS
Phillip Sparkes
Fri, Jul 6, 2018 4:31 PM

We don't often see suits directly against city attorneys, so I thought the list might have an interest in this one recently called to my attention by a local city attorney. The case sought to impose liability on a city and a city attorney for the manner in which the city attorney used (or abused?) her city email account. Here is the summary:

[1]-In parents' sec. 1983 First Amendment suit alleging that a city attorney was acting under color of state law when she sent two e-mails regarding their disabled daughter's behavior from her city e-mail to a private individual, the attorney had qualified immunity because the attorney was not on notice that sending an e-mail to a private individual with no authority over the parents would constitute an adverse action that would likely deter a person of ordinary firmness from continuing to engage in the protected conduct; [2]-The city was not liable for the attorney's conduct under a theory of municipal liability because the complaint did not show that the city's policy giving the attorney the authority to litigate cases caused the deprivation of the parents' rights or that the city sanctioned or ordered the attorney to send the allegedly defamatory comments in the e-mail.

Hilton v. Mish, 720 Fed. Appx. 260 ;  2018 U.S. App. LEXIS 270;  2018 FED App. 0008N (6th Cir.);  2018 WL 300437

Phillip M. Sparkes
www.linkedin.com/in/psparkes
(859) 912-2856

We don't often see suits directly against city attorneys, so I thought the list might have an interest in this one recently called to my attention by a local city attorney. The case sought to impose liability on a city and a city attorney for the manner in which the city attorney used (or abused?) her city email account. Here is the summary: [1]-In parents' sec. 1983 First Amendment suit alleging that a city attorney was acting under color of state law when she sent two e-mails regarding their disabled daughter's behavior from her city e-mail to a private individual, the attorney had qualified immunity because the attorney was not on notice that sending an e-mail to a private individual with no authority over the parents would constitute an adverse action that would likely deter a person of ordinary firmness from continuing to engage in the protected conduct; [2]-The city was not liable for the attorney's conduct under a theory of municipal liability because the complaint did not show that the city's policy giving the attorney the authority to litigate cases caused the deprivation of the parents' rights or that the city sanctioned or ordered the attorney to send the allegedly defamatory comments in the e-mail. Hilton v. Mish, 720 Fed. Appx. 260 ; 2018 U.S. App. LEXIS 270; 2018 FED App. 0008N (6th Cir.); 2018 WL 300437 Phillip M. Sparkes www.linkedin.com/in/psparkes (859) 912-2856