Michael Manfredi (Partner-Atlanta, GA) and Katherine Decker (Of Counsel-Atlanta, GA) successfully defended a municipal employee who had been sued in his individual and official capacities. 

The plaintiff, a former fire department training chief, claimed he was fired in retaliation for reporting misconduct by department personnel. He sued under 42 U.S.C. § 1983 (First Amendment retaliation) and the Georgia Whistleblower Act, seeking back pay, front pay, lost pension benefits, emotional distress damages, uncapped punitive damages and attorneys' fees.  The total demand was $3.45 million.

Wilson Elser substituted in as counsel late in the case. At that point, the plaintiff was pursuing sanctions, including a motion to strike the defendants' answers and enter default judgment. Michael and Katherine immediately moved for summary judgment on the following grounds: under the city's personnel policies, our client could at most recommend dismissal; the administrator's independent decision broke any causal chain; our client was entitled to qualified immunity; and the Georgia Whistleblower Act does not allow claims against individuals, while the official-capacity claims merely duplicated those against the city.

The Court granted summary judgment in our client’s favor on all claims, dismissing them with prejudice. The Clerk subsequently entered judgment ordering that the plaintiff take nothing, that our client recover his costs, and that the action against him be dismissed.