No First Amendment Shield for Spouse's Speech: Qualified Immunity Bars Retaliation Claim

The Ninth Circuit has affirmed the dismissal of a lawsuit brought by a former University of Arizona official who claimed he was harassed and fired in retaliation for his husband’s whistleblowing about a politically charged hiring. Despite the compelling narrative—favoritism, university politics, and alleged corruption—the court found no “clearly established” law holding that public employees are protected from retaliation due to a spouse’s protected speech. Because the right was not settled at the time of the alleged misconduct, qualified immunity shielded the university officials from liability.

For litigators, this ruling reinforces the high bar plaintiffs must meet to overcome immunity defenses—even in cases involving serious constitutional claims with indirect retaliatory motives.