Michael Washington v. City of Cincinnati

Summary

The court affirmed the denial of qualified immunity to the city manager on Washington's procedural due process claim, holding that the city charter gave him for-cause removal protection after six months and that the memorandum he signed did not clearly and unmistakably waive those rights. The court also affirmed the denial of statutory immunity on the defamation claim because the evidence could support findings that the manager knowingly or recklessly published false statements and acted with malice or bad faith. The court remanded for further proceedings consistent with its opinion; Judge Readler concurred in part and dissented in part, arguing that qualified immunity should have been granted.